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法律程序总是直接、经常、普遍和敏感地涉及人权,其中有实体性人权与程序性人权之分,两者是目的与手段、源与流、内容与形式的关系,只有当两者相适应、相佐证时,人权才是完整和现实的;程序性人权的外延包括:法律明确规定的,从执法者程序义务中推定的,以及依程序公正原理推定的;在法律程序中要处理好人权与人权责任、人权与审判干预、人权与惩罚犯罪、人权与行政效率四对矛盾关系;程序规则的设定目的主要是为了权力制约,因而它是保障人权的有效措施;应当把人权作为法律程序的一项价值标准,从而在程序中切实尊重和保障人权。
Proceedings are always direct, regular, pervasive and sensitive to human rights, including substantive human rights and procedural human rights. They are the purpose and means, the source and the flow, the content and the form. Only when the two are compatible , Human rights are complete and realistic when evidenced by them; the extension of procedural human rights includes: presumption of law from the procedural obligations of law-enforcers and presumption of procedural fairness as stipulated by the law; handling of human rights in legal proceedings There are four contradictory relations with human rights and human rights, intervening with human rights and judiciary, human rights and punishing crimes, human rights and administrative efficiency. Procedural rules are mainly designed for power restriction, so it is an effective measure to protect human rights. Human rights should be treated as legal procedures A value standard in order to effectively respect and safeguard human rights in the process.