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正当程序是实现司法公正的切入点,正当程序具有较强的确定性和可操作性,因此通过正当程序来保障实体公正并进一步全面实现司法公正是一条可行之路。正当程序作为一种具有理性化、文明化和民主化内涵的法治精神和程序价值理论,一种能有效实现对人权和正义的保障机制无疑它具有最广泛的普遍适用性。正当程序作为一种正义理念的程序性评价标准和原则被引入我国,其所追求的价值目标从终极意义上来讲也正是司法公正的价值目标,其核心理念与我国正在进行的法治化道路相暗合。
Since due process is the starting point for realizing judicial fairness, due process has strong certainty and operability. Therefore, it is feasible to ensure the fairness of the entity and to further realize the judicial fairness through due process. Due Process As a theory of the spirit of the rule of law and procedural value that is rational, civilized and democratized, it is undoubted that it has the widest universal applicability as a guarantee mechanism for the effective realization of human rights and justice. The procedural evaluation standards and principles of due process as a concept of justice have been introduced into our country. The ultimate goal of value pursued by due process is also the fair value objective of justice. Its core concept and the ongoing legalization of our country coincide.