水土不服的程序正义简

程序正义这一与实体正义相对应的法学理论,在制度层面已经被我国的法律予以确认,但是在实际的司法活动中并未得到很好的贯彻和坚持,这也是导致冤假错案频发的原因之一.究其原因,似可以做如下概括：这一生长于西方的法治理念,在被移植到中国之后,未能与中国的传统法律文化相契合,虽在制度层面被强行推而广之,但却未能得到广大司法人员内心的确认,故而未能在司法实践中被很好地贯彻.本文试图探究程序正义水土不服之缘由,以期为找到使程序正义入乡随俗之路径做出些许贡献.

Not Acclimatized Procedure Justice

Procedure justice is a theory of law corresponding to substance justice, which was confirmed by our law. However it was not carried out and held in judicial practice, which is one of the reasons of frequent wrongly charged cases. The reason may be that after this legal concept born from the west was transplanted into China, it did not agree with Chinese traditional legal culture. Although it was forced to spread widely in system, it was not confirmed by many judicial officials in heart. The reasons of not acclimatized procedure jus- tice are tried to find out so as to make contributions in helping procedure justice become native in China.