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立案程序一直是刑事诉讼法修改中讨论的热点。 Case registration procession has been a hot point discussed in penal lawsuit amendment. | ||
第一章论述了侦查程序在刑事诉讼法中的地位与功能。 The status and function for the spy proceeding in the criminal law have been discussed. | ||
虽然我国刑法和刑事诉讼法一直是禁止刑讯逼供的，但事实却是屡禁不止。 According to Chinese criminal Law and Code of criminal Procedure, extorting confession by torture is forbidden in the investigation of criminal case, but in practice it is commonly used. | ||
禁止不利益变更原则是各国刑事诉讼法、民事诉讼法、行政诉讼法共有的原则。 The principle of the Prohibiting Alteration for Interests is the common principle in the criminal procedure law, civil procedure law and the administrative procedure law. | ||
我国三大诉讼法，即《刑事诉讼法》、《民事诉讼法》、《行政诉讼法》均将证人界定为诉讼参与人。 China's three major procedural laws, Criminal Procedure law, Civil Procedure law, Administrative Procedure law all defined the witnesses as those who will participate in the proceedings. | ||
随着刑事诉讼法的修改，控辩双方要直接向法庭举证，这要求相应的证据规则。 With the amendment of the code of criminal procedure, both the prosecutor and the defendant have to show evidence to the court, so this needs the consistent rule of evidence. | ||
刑事诉讼法与刑法的关系即诉讼法与实体法的关系，一直是学界热议的话题。 The relationship between the Criminal Procedural Law and Criminal Law is just the one between the procedural law and substantive law is a very hot topic all the time. | ||
我国刑法对单位犯罪作出了明确的规定，但刑事诉讼法缺乏相应的诉讼程序规定。 In our country, the criminal law has made explicit stipulation to the institutional crime, while law of criminal procedure lacks the corresponding stipulation of legal procedure. | ||
依照刑事诉讼法的规定，这里的“犯罪嫌疑人”应限定为经侦查机关采取特定刑事强制措施的人。 According to criminal lawsuit, the criminal suspect here should be confined to the one who has been taken coercive measures by the preliminary investigation. | ||
我国刑事诉讼法关于二审发回重审方面的规定过于原则概括，导致司法审判工作的许多方面出现随意性。 The rehearing of procedure of second instance in our code of criminal procedure is too brief in principle, which leads to the casualty of several aspects of the judicial justice. | ||
