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在中国《刑事诉讼法》中虽然出现了“公正审判”一词,但“公正审判权”尚未成为中国刑事诉讼中的核心概念。从世界范围内来看,人们对于审判公正的理解,经历了从实体走向程序、从结果走向过程的变迁。在程序正义的理念之下,获得公正审判遂成为刑事被告人的一项权利。公正审判权的实现,不仅要考虑公正的审判对于公正的侦查的依赖,也要考虑程序性权利与诉讼结构之间的依存关系。公正审判权的国际标准在中国法律中已经得到了较大程度的体现,但还存在着一些不足。在现有国情下,要落实公正审判权的国际标准,不仅需要推进刑事司法观念的转变,而且需要推进诉讼体制、机制、制度的改革和完善。
Although the phrase “fair trial” has appeared in the “Code of Criminal Procedure Law” in China, the “right to fair trial” has not yet become the core concept in criminal proceedings in China. From the perspective of the world, people’s understanding of the fair trial has gone through the transition from the entity to the procedure and from the result to the process. Under the concept of procedural justice, obtaining a fair trial became a criminal defendant. The realization of the fair trial power should not only consider the reliance of a just trial on fair investigation but also the interdependence between the procedural rights and the litigation structure. The international standards of fair trial right have been largely reflected in Chinese law, but there are still some shortcomings. Under the current national conditions, it is not only necessary to promote the change of the concept of criminal justice but also to promote the reform and improvement of the litigation system, mechanism and system in order to implement the international standards of fair trial.