论文部分内容阅读
程序公正是从过程与方式层面上蕴涵的公正,是实现法治的必由之路,是现代刑事司法所追求的理想目标;也是司法公正的核心内容。在刑事诉讼程序中要通过程序的公正来实现实体公正,保障人权。本文针对我国目前实现程序公正的现状来探讨程序公正的理论渊源,审视刑事诉讼活动中的程序公正与实体公正的冲突和选择以及选择程序公正的价值意蕴。
Procedural justice is the implication of fairness from the process and the method level. It is the only way to realize the rule of law and the ideal goal pursued by modern criminal justice. It is also the core of judicial justice. In the criminal procedure, the fairness of the procedure and the protection of human rights should be realized. This article aims at the present situation of procedural fairness in our country to explore the theoretical origins of procedural justice and to examine the conflicts and choices of procedural justice and substantive justice in criminal proceedings as well as the value implications of choosing procedural fairness.