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刑事回避制度是指“与案件有法定利害关系或者其他可能影响案件公正处理关系的人员及机构,不得参与该刑事案件的处理的一种刑事诉讼制度”。由西方“自然正义”原则发展演变而来,一向被视作维持司法公正性原则的首道保险。我国刑事回避制度的完善不仅是诉讼公正性的有力保障,且能够促进诉讼高效性,提升执法者的职业素养,实现依法治国。
Criminal evasion system refers to “a system of criminal procedure that has no legal stake in the case or any other person or body that may affect the case’s fair handling of the case and can not participate in the handling of the criminal case.” Evolved from the principle of “natural justice” in the West, it has always been regarded as the first insurance to maintain the principle of judicial fairness. The perfection of the criminal evasion system in our country is not only a powerful guarantee for the impartiality of litigation, but also promotes the efficiency of lawsuit, enhances the professional accomplishment of law enforcement and realizes the rule of law.