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在法治社会建设的今天,我国刑法与刑事诉讼法之间的协调性还有待提高,相互之间的互动也不明显。例如从法治观念、立法、司法以及学科研究等方面分析,刑法与刑事诉讼法两者之间分离、割裂、断层等问题日益严重。事实上,刑法和刑事诉讼法是一个统一的整体,两者因犯罪联系在一起,它们的价值取向是一致的,都是以刑事政策为指导,在过去两者是以合体的方式存在的,基于此,本文认为应当正确研究和认识刑法与刑事诉讼法之间的关系,以刑事一体化的理念,开展整体立法工作,提高司法实践融合程度,进行交叉性的研究,为两者共同良性协调发展奠定坚实的基础。
At the moment of the construction of a society ruled by law, the coordination between criminal law and criminal procedure law in our country needs to be improved and the interaction between them is not obvious either. For example, from the perspectives of the rule of law, legislation, judicature and subject research, the issues of separation, fragmentation and fault between criminal law and criminal procedure law have become increasingly serious. In fact, the criminal law and the criminal procedure law are a unified whole. The two are linked by crime and their values are consistent. All are guided by criminal policies. In the past, the two existed in a co-ordinated manner. Based on this, this paper argues that we should correctly study and understand the relationship between criminal law and criminal procedure law, carry out the overall legislative work with the concept of criminal integration, improve the degree of integration of judicial practice, conduct cross-cutting research so as to achieve a good coordination between the two Development laid a solid foundation.