过渡司法及其在原苏联、东欧国家的实践

On Transitional Justice and Its Practice in the Former Soviet Union and the Eastern Europe

过渡司法(transitional justice)是指对系统性或者大规模人权侵犯的回应,包括起诉、赔偿、真相调查、机构改革和人事清查等多种机制。过渡司法并不存在"一刀切"的模式,由于特殊的历史经历,原苏联、东欧有关国家主要采取了清洗和开放档案等做法。这些国家过渡司法实践留给我们的经验和教训是:不可盲目追随某些人提出的正义口号,每一位公民都应当参与到过渡司法的思考和辩论中来,进而在其目标和手段方面达成共识。

Transitional justice is a response to systematic or widespread violations of human rights, including but not limited to prosecutions, remedies, truth-seeking, institutional reforms and personnel vetting. Since there is no ＂one-size-fits-all＂ model for transitional justice, the Former Soviet Union and other Eastern Europe countries undertook lustrations and publicizing archives as main methods due to unique historical experiences. What can be learned from such practice is that it is not wise to blindly follow the slogan of Justice proposed by some person. Every citizen shall participate in the deliberation and discussion of transitional justice in order to reach consensus on both means and ends.