Criminal Law Review: 2001 (Volume 9)

Author: Chen Xingliang
Publisher:
Publish Date: 2001-12-01
Features: Theory is the guide of practice, and thus theory is beyond reality. Only in this way can theory play a guiding role in practice. This applies to the development of criminal legal governance in our country as well. Without research on cutting-edge criminal law theory, criminal legal governance cannot be achieved. This volume upholds the consistent editorial purpose of Criminal Law Review, presenting new achievements in criminal law theory. In the "Criminal Procedure Theory" section, my new work, "The Constitutional Basis of Criminal Procedure," explores the human rights protection function of criminal procedure from a constitutional perspective. Although China has always had a constitution, the constitution often serves only a decorative purpose, lacking normative effects on real life and regulatory effects on departmental laws. As a result, despite having a constitution, there is no constitutionalism. In this context, the constitution is merely a piece of paper. With the development of the rule of law, constitutionalism has increasingly been brought to the forefront of scholars' attention. Constitutional scholars have begun to explore new theories of constitution from static to dynamic, from formal to substantive, and constitutionalism, a term that was once dormant, has quietly resurfaced and is becoming an increasingly key term in constitutional theory. Moreover, scholars from other departments have also addressed constitutionalism issues from the practical problems of their respective fields. It can be said that constitutionality is a form of examination of legitimacy, a higher level of legitimacy, and even an examination of the justification of legitimacy. This is a welcome change, indicating that the research on departmental laws in our country is advancing to a higher theoretical level. Each departmental law realizes the value content of the constitution from different perspectives. Among them, criminal procedure law has a closer connection with the constitution. The constitutional function of protecting the rights of suspects and defendants is mainly realized through criminal procedure.