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程序公正近年来在我国法学理论界引起很大争论与探讨,就刑事诉讼中实体公正与程序公正之关系,各种观点百家争鸣,而该问题不仅为诉讼理论问题,且关系到诉讼中人权保障、诉讼模式等一系列实质内容,但有些提法抛开法律文化背景与法制现状,一味强调程序优先或过分坚持实体优先,有失偏颇。
In recent years, procedural fairness has caused much controversy and discussion in the jurisprudence circles of our country. With regard to the relationship between substantive justice and procedural fairness in criminal lawsuits, various opinions contend for a hundred schools of thought. This issue is not only a theoretical issue of litigation but also a guarantee of human rights in litigation. Litigation mode and a series of substantive content, but some of the references aside the legal culture and the status quo of the legal system, blindly emphasize the priority of the program or too much adhere to the entity priority, there is a biased.