According to the theory of formal rationality, Chinese Crimi- nal Procedure law has many defects.It lacks not only the system and harmony in itself, but also the in- dependency and authority.

• 我国刑事诉讼法缺失形式理性的基本要素,既没有体现法的周延性,也缺乏法的和谐性,更缺少法的独立性和权威性。