论文部分内容阅读
宪法与刑事诉讼法都涉及国家权力与公民基本权利的关系问题,因而刑事诉讼与宪法的关系相当紧密。其中基于宪法国家根本法的地位,刑事诉讼基本制度和原则都可以在宪法规范中找到根据。我国现行宪法为刑事诉讼制度提供了最高效力的法律支撑,宪法是刑事诉讼制度运行的基础。同时也应当看到宪法所提供的支撑还不充足,有继续加以完善的必要。
Both the Constitution and the Code of Criminal Procedure are related to the relationship between state power and the basic rights of citizens. Therefore, the relationship between criminal lawsuits and the Constitution is quite close. Among them, based on the status of fundamental law of the constitutional state, basic rules and principles of criminal procedure can all be found in the constitutional norms. The current constitution of our country provides the most effective legal support for the criminal procedure system. The constitution is the basis of the operation of the criminal procedure system. At the same time, we should also see that the support provided by the Constitution is not sufficient yet and it is necessary to continue to improve it.