法治是人类社会现代化进程的产物,程序是法治的核心。刑事诉讼程序因其维护着社会秩序的底限、并直接体现权力与权利的对峙紧张关系,就成为这核心之中的重心。实现正义从来都是人们孜孜以求的社会理想。在现代法治语境中,程序正义几乎成为了真理性话语。如昂格尔所述,法律的形成和适用中的统一性和一惯性,即普遍 The rule of law is a product of the process of the modernization of human society. Procedures are the core of the rule of law. Because of its safeguarding of the bottom line of social order and its direct manifestation of the tension between power and rights, criminal procedure becomes the center of gravity. Realizing justice has always been the social ideal that people are diligently pursuing. In the context of modern rule of law, procedural justice has almost become a discourse of truth. As Unger notes, unity and inertia in the formation and application of law are universal