走向法治国刑事程序的两个突出问题

Abstract:Since the promulgation of China’s 1979 Criminal Procedure Law，the Criminal Procedure Law had been revised and supplemented twice. The principles and institutions established in revisions and supplements show the “legal state” orientation which China’s Criminal Procedure Law continues to hold to. A central theme of the “legal state” principle in criminal procedure law is to prevent the innocent from being prosecuted.For doing so，the state must consciously restrict its own powers by erecting barriers for itself. However，in the areas of rules on statements and effective defense system，the relations between the efficiency for combating crimes pursued by state and the right to enjoy due process protection needed by citizens are the most strained and complex；the balance of their relations is also difficult. The existing problems in rules on statements and effective defense system in the level of legislation become the prominent problems in the orientation of China’s Criminal Procedure Law. Discussing and solving these two problems in the sense that the state should prevent the innocent from being prosecuted and restrict its own powers are the main themes of this article.

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