论文部分内容阅读
自然正义是英国法治的核心概念,亦是英国自古即已存在之古老概念,它起源于自然法的理念,经过长期的历史发展而成为英国普通法上的一项基本原则。自然正义是关于公正行使权力的“最低限度”的程序要求。它包涵两个主要原则,即任何人就自己的诉讼不得自任裁判官;任何人的辩护必须被公平的听取。其核心思想是公平听证规则和避免偏私原则。英国所谓的自然正义相当于美国的正当程序原则。他们比较类似,适用情形也相仿,但是,它们之间也存在着差别。自然正义作为行政法上之一般性原则,是确保程序正义在行政权力运行中得以实现的重要保障,即行政权力的运行必须符合最低限度的程序公正的标准。根据自然正义,我们可以导出自然正义包括行政公开、行政听证、行政回避以及说明理由等制度。自然正义原则不仅是形式正义的实现,更是积极追求个案的实质正义性。
Natural justice is the core concept of the rule of law in Britain. It is also the ancient concept that Britain has existed since ancient times. It originated from the concept of natural law and became a basic principle in the common law in Britain through long-term historical development. Natural justice is the “minimum” procedural requirement for the fair exercise of power. It encompasses two main principles, namely, no one may be self-serving as a judge on his own proceedings; the defense of any person must be fairly heard. The core idea is to fair hearing rules and avoid bias principle. The so-called natural justice in Britain is equivalent to the principle of due process in the United States. They are more similar and applicable to similar situations, but there are also differences between them. Natural justice, as a general principle in administrative law, is an important guarantee to ensure that procedural justice can be realized in the operation of administrative power. That is, the operation of administrative power must meet the minimum standards of procedural fairness. According to natural justice, we can derive the systems of natural justice including administrative openness, administrative hearings, administrative avoidance, and justification. The principle of natural justice is not only the realization of formal justice, but also the active pursuit of the substantive justice of individual cases.