The Value Of The Criminal Procedure From A Constitutional Point Of View

The core content of the Constitution is the balance between the civil rights and the state power. The Constitution achieves the purpose of the protection of human rights through the macro-and micro-protection mechanism. The value of the Criminal Procedure is all the inherent function and the inherent attributes that the Criminal Procedure as the object has to meet the "person" as the principal to the different needs that the"persion"puts to the Criminal Procedure. The choice of value of the Criminal Procedure should follow the spirit of the Constitution and the constitutional principles, and its criteria must be the protection of human rights and the procedural justice. The premise of the protection of human rights is the procedural justice, the purpose of the procedural justice is the protection of human rights, and they are two aspects of one thing. Criminal proceedings should take the constitution as the guidelines to go out of its plight of the value choice, and the protection of human rights and the due process are its value objective that it shoudld give preference to.