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刑事诉讼作为国家法律的重要组成部分,其理论与实践研究至关重要。研究其目的论的意义在于依据法学解释方法论来解释目的,明白了法律的目的才能理解其本征意义。当下许多学者对于刑事诉讼双重目的论的批判声音不绝于耳,双重目的论面临着许多难以解决的困境。新的目的论的提出也使得双重目的论的理论逐渐崩塌,未来理论研究双重目的论的重构也是必然的。本文从刑事诉讼的法学理论基础出发,从结构基础、法律公正性等方面来阐释双重目的论所被诟病的原因。另外,通过对中国刑事诉讼目的体系的探究来反思与重构刑事诉讼目的论。
As an important part of national law, criminal litigation is of great importance both in theory and practice. The purpose of studying its teleology is to explain the purpose according to the methodology of jurisprudence interpretation and to understand the purpose of the law to understand its intrinsic meaning. Nowadays, many scholars have never ceased to criticize the dual purpose of criminal procedure, and double-headed theory faces many difficulties that can not be solved. The new theory of teleology also makes the theory of dual-purpose theory gradually collapse, the future theory of dual-purpose theory of reconstruction is inevitable. Based on the legal theory of criminal procedure, this article explains the reasons why dual-purpose theory has been criticized from the aspects of structural basis and legal fairness. In addition, through the exploration of the purpose system of criminal procedure in China, we can reconsider and reconstruct the purpose theory of criminal procedure.