程序正义及其局限性

程序正义是现代法的程序结构派生出的一种伦理形态 ,其本质为程序之中的伦理、非人格化的伦理、相对化和形式化的伦理、程序化的制度伦理。现实当中的程序正义是选举、司法以及立法、行政管理正当化的观念基础 ,宪政民主体制的伦理内涵。然而 ,程序正义之不幸在于其代表的乃是强者的正义 ,因而对弱者的权利保障是宪政民主体制不可缺少的组成部分。

Procedural Justice and Its Limitations

Prodedural justice is a form of the ethics which come from the procedural structure of modern law. What naturally characterized procedural justice in the aspect of its ehtics is its inside\|procedure nonpersonalism, relative, formalization, and proceduralization. The procedural justice in our practice is not only the basic sense about the ratification of election, justice, legislature,and executive, but also the ethic context of constitutional democratic system. We can also, however, see the weakness of procedural justice by the charges that it always means the justice of the stronger, and thus some protections to the weaker should be included as an indispensible part to the constitutional democratic system.