论我国刑事诉讼中实体公正与程序公正之关系

关于刑事诉讼中实体公正与程序公正之关系 ,各种观点互有争议 ,该问题不仅为诉讼理论问题 ,且关系到诉讼中人权保障、诉讼模式等一系列实质内容。但有些提法抛开法律文化背景与法制现状 ,一味强调程序优先或过分坚持实体优先 ,有失偏颇。本文试从实体公正、程序公正的历史渊源等方面对该问题进行一些探讨。

Relationship Between Substantive Justice and Procedural Justice in Our Criminal Litigation

There also have been many different ideas about the relationship between procedural justice and substantive justice in criminal litigation, which is not only a theoretic problem of lawsuit, but also is related to the protection of human beings and proceeding mode, etc. But it is unfair to pay too much attention to the priority of procedure or the substantive, without taking cultural background of law and the present situation of legal system into account. The article intends to do some discussion from the historical sources of the procedural and substantive justice, the inheritance of law system as well.