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程序正义作为正义的一种表现形式,其在中西法律传统中有着不同的境遇。受中国传统法律文化的影响,国人程序观念淡薄,“程序正义”无法在传统中国生根发芽。西方是“程序正义”观念的发源地,具有该观念得以生长的良好法治环境。我们应根据国情,汲取西方“程序正义”的优质思想资源,走程序正义中国化之路。
As a manifestation of justice, procedural justice has different situations in Chinese and Western legal traditions. Affected by the traditional Chinese legal culture, the concept of Chinese people’s programs is weak, and “procedural justice” can not take root in traditional China. The West is the cradle of the notion of “procedural justice” and has a good rule of law environment in which this idea can be developed. We should learn from the ideological resources of Western “procedural justice” and take the path of procedural justice based on national conditions.