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“刑事一体化”语境下,国家刑事制度建设是一个合理分配程序与实体功能的系统工程。惩罚不仅是实体法的考量范畴,也从刑事程序诞生之初起便与程序密不可分。轻罪案件中,程序的惩罚功能体现非常明显。即便“程序即是惩罚”的提法过于绝对,程序的惩罚功能也应得到应有的关注。肯定刑事程序惩罚功能合理性的同时,也要防止程序对实体的僭越。基于此,本文主要研究如下三个逐层递进的问题:其一,刑事程序惩罚功能的实践面相;其二,国内外同类研究成果的启示;其三,刑事程序惩罚功能的理性出路。
Under the context of “criminal integration”, the construction of the state criminal system is a systematic project that rationally allocates procedures and substantive functions. Punishment is not only the consideration of substantive law, but also from the very beginning of the criminal procedure. Misdemeanor cases, the procedural punishment function is very obvious. Even if “the procedure is punishment” is too absolute, the penalty function of the procedure deserves due attention. While affirming the rationality of penal function of criminal procedure, it is also necessary to prevent the procedure from getting over the entity. Based on this, this paper mainly studies the following three progressive problems: First, the practical aspects of criminal procedural punishment; Second, the revelation of similar research results at home and abroad; Third, the rational outlet of criminal procedural punishment.