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刑事被指控人的程序性权利,作为与实体性权利相对的概念,尚未受到刑诉学界的充分重视。程序性权利可以归结为人们以自己的行为享有和获取某种实体利益的正当性,以及享有作为道德主体、捍卫其人格尊严权利的正当性。它与实体性权利绝非简单的落实和保障之关系。程序公正和程序人道构成了其价值基础。刑事被追诉人的程序性权利包涵了程序启动权、程序参与权、程序选择权、程序救济权、程序抵抗权、受告知权等多种权利类型。落实实体性权利,实现程序价值,提高刑事裁判和决定的可接受性,限制决定者的恣意、规制权力的运作,推动和落实善治是其功能所在。
The procedural rights of the criminal accused, as opposed to the substantive rights, have not yet received the full attention of the criminal prosecution community. Procedural rights can be attributed to the legitimacy of people enjoying and gaining the interests of some kind of entity by their own actions and enjoying the legitimacy of being the moral subject to defend their dignity rights. It and the substantive rights are by no means simple to implement and guarantee the relationship. Procedural justice and procedural humanity form the basis of their value. The procedural rights of criminal prosecutors include the right to start the program, the right to participate in the program, the right to choose a program, the right to remedy a program, the right to resist the procedure, and the right to be informed. Implementing substantive rights, realizing procedural values, improving the acceptability of criminal judgments and decisions, limiting the arbitrary and regulatory power of decision makers, and promoting and implementing good governance are their functions.