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司法公正包括两个方面的内容:程序公正和实体公正。学界对两者之间的关系有不同的理解,一种是程序公正优先论,一种是实体公正优先论。由于传统的法律文化传统和近现代法律文化的冲击,我国司法实践中重实体轻程序的思想根深蒂固,并带来了一定的危害。英美国家重视程序公正的理论与实践对我国来说有着重大的借鉴意义。我国司法实践中应将程序公正与实体公正提到同等的高度,以期实现司法公正,实现我国社会主义法治。
Judicial fairness includes two aspects: procedural fairness and substantive justice. The academic community has a different understanding of the relationship between the two, one is the procedural fair priority, the other is the substantive justice priority. Due to the impact of the traditional legal and cultural traditions and the modern law and culture, the ideology of light and heavy procedures in judicial practice in our country has been deeply rooted and has brought a certain amount of damage. The theory and practice that the Anglo-American countries attach importance to procedural fairness are of great significance to our country. In judicial practice, we should refer to procedural fairness and substantive justice to the same level, with a view to achieving judicial fairness and realizing the socialist rule of law in our country.