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从公正审判权在法律中的地位来看,公正审判权属于宪法性权利。公正审判权作为宪法性权利在许多国家的宪法中已经得到直接或间接的体现。公正审判权符合宪法权利的几个基本特征:公正审判权是公民所享有的重要的基本权利之一;公正审判权规制国家权力与公民权利之间的关系;公正审判权具有母体性;公正审判权是其他权利无法替代和不可转让的一项权利。
Judging from the status of the fair trial power in the law, the right of fair trial belongs to the constitutional rights. The right of fair trial as a constitutional right has been directly or indirectly reflected in the constitutions of many countries. The fair trial power conforms to several basic characteristics of constitutional rights: the fair trial power is one of the important basic rights enjoyed by citizens; the fair trial power regulates the relationship between state power and civil rights; the fair trial power is maternity; the fair trial Right is an irreplaceable and non-transferable right to another right.