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。 Justice and justice are two concepts that people may understand differently. The victim claims justice, and the defendant’s demand that a fair and just trial does not necessarily yield the result of justice, as the guilty person may be released. Fairness requires equal treatment and impartiality as the foundation of traditional due process. The requirement for equal treatment during the trial and the passing of criminal proceedings in the past have been tilted to the accused, only the first time the Rome Statute refers to the rights of victims. The notion of fairness is largely derived from competitive sports. Correct understanding of fairness helps people in different countries abide by the principle of the rule of law in the same way.