无偏私:立场、原则、限度--基于程序正义的法哲学视角

Impartiality: Position, Principles, Limit Degree: Analysis on the Procedure Justice from the Perspective of Jurisprudence

决定者应无偏私是程序正义的一个重要而传统的原则,其源于自然法之自然正义理念,是公认的人权并被各国法律所承认。决定者对结果享有个人利益、决定者对结果存有偏见、决定者职能混合、决定者与当事人单方面接触都会导致无偏私的缺乏。但无偏私原则并不是绝对的,其限度表现为对由个人利益引起表面影响的禁止、替代决定的不能、政策的合理控制和决定者职能的有限混合。

It is an important and traditional principle that the decision maker should be impartiality in the procedure justice. It derives from the concept of natural justice in natural law, which is recognized as a human right by the laws of all countries.The decision maker’s personal interest in the result, his bias towards the result, the functions mix of the decision maker, and his unilateral contact with the parties, can all lead to a lack of impartiality. However, the principle of impartiality is not absolute, and its limits are manifested in the prohibition of superficial influences caused by personal interests, in the impossibility of substitution decisions, in the reasonable control for policies, and in the limited mix of decision-maker functions.