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随着司法制度的不断完善,法律正当程序的作用也越来越突出。一直以来,实体正义和程序正义都是司法公正所追求的目标。实现程序正义不仅是对实体正义实现的保障,也是各个国家树立司法权威、增强司法公信力的重要路径。而程序不仅给作为中立者的法官提供了依法审判所依赖的路径,也给法官提供了完善的法律保障。其一可以减轻其做判决时的责任负责,有利于责任豁免;其二,有利于保障法官审判时的独立性;其三,法律程序也是一种对法官职业生涯的保障;其四,坚持法律程序办案,有利于实现法官的个人价值和社会价值,更有利于达到法律效果和社会效果和谐统一的立法执法目的。
As the judicial system continues to improve, the role of legal due process becomes more and more prominent. All along, substantive justice and procedural justice are the goals pursued by judicial fairness. The realization of procedural justice is not only the guarantee of the realization of substantive justice, but also an important way for all countries to establish judicial authority and enhance judicial credibility. The procedure not only provides the judge who is a neutral one with the path on which the trial depends, but also provides the perfect legal guarantee to the judge. One is that it can reduce the liability for the judge when making the judgment and the other is conducive to the exemption from liability. The other is that it helps to guarantee the independence of judges during the trial. Thirdly, the legal procedure is also a guarantee to the career of a judge. Fourthly, Procedural cases are conducive to the realization of the judge’s personal value and social value, but also more conducive to the legal and social effects of a harmonious unity of law enforcement purposes.