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随着我国民主法制建设进程的加快和社会的发展,现行刑事诉讼法又出现了一些亟待修改的问题。在刑事诉讼法再修改的过程中要坚持理性的要求,具体而言包括:以斗争哲学为指导转向以和谐哲学为指导;国家本位转向国家、社会与个人本位并重;一元化价值观转向多元化价值观;权力治人转向权利保障;有罪推定转向无罪推定;口供本位转向物证本位;客观真实转向法律真实;重实体轻程序转向两者并重最终转向程序本位;高压从重转向宽严相济;国内优位转向国际优位。
With the acceleration of the process of building a democratic legal system in our country and the development of society, there are still some problems that are urgently awaiting amendment in the current Criminal Procedural Law. In the course of revising the Criminal Procedure Law, we should adhere to the requirements of rationality, specifically including: turning from the philosophy of struggle to the guidance of a harmonious philosophy; attaching importance to the standard of the country as a nation and to the standard of society and individuality; diversifying values from a unified value to a pluralistic one; The rule of power turns to the guarantee of right; the presumption of guilt is shifted to the presumption of innocence; the standard of confession turns to the standard of evidence; the objective reality turns to the truth of law; the emphasis of substantive and light procedures turns to both and eventually turns to procedural standard; Excellent position.