程序正义于中国司法实践之困境与出路

The Difficulties and Solutions of Procedural Justice in Chinese Judicial Practice

程序正义在西方法治实践中是一个核心的要素,对我国的法治建设也有重大意义。但程序正义在我国的司法实践中没有受到充分的重视和尊重。我们可以从历史传统、制度改造以及控权的角度来分析其原因并作对策研究。重点在于应当以开放的心态来看待程序正义,通过公开的信息交流,多元的观点辩驳,让民众由被动接受变为主动认识选择;通过开放式司法实践,培育法律人的程序伦理。

Procedural justice is a key element in the judicial practice in western countries and is also vitally significant to Chinese law construction.It,however,is not given full attention and respect during the process of Chinese judicial practice.From the perspective of historical tradition,institutional reformation and power control,the reasons could be analyzed and strategic research conducted.The key point is that procedural justice is expected to be treated with open-minded attitudes,which means people are actively rather than passively encouraged to understand and accept it through information exchange and multi-perspective debates and the procedural ethics of the lawyers cultivated through juridical practice open to the public.