“公正”的比较性思考

A Comparative Thinking on Fairness

公正与正义是两个概念,人们的理解可能不同。被害人要求正义,被告人要求公正,公正的审判不一定得出正义的结果,因为有罪者可能会被释放。公正要求平等对待并且不偏不倚,是传统的正当程序的基础。在审判中要求平等武装,过去的刑事诉讼程序一直向被告人倾斜,只有《罗马规约》第一次提到了被害人的权利。公正概念在很大程度上是从竞争性体育运动中提炼出来的。正确认识公正,有助于不同国家的人们,以相同的方式遵守法治的原则。

The concepts of fairness and justice are two concepts. People may understand them differently. What a victim requests is justice, while an accused fairness. Fair trial may not result in a justice judgment because a guilty man may be released. Fairness requests handedness and impartiality and is the traditional basis of due process. A trial needs equality of arms, however, the past criminal procedure has been skewed toward the defendant. It is Rome Statute that refers for the first time in history in a criminal code to the rights of victims. The notion of fairness draws heavily on analogies from competitive sports and games. It is important to understand the concept of fairness, so that we may all be committed in the same way to the principles of rule of law.