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过渡司法(transitional justice)是指对系统性或者大规模人权侵犯的回应,包括起诉、赔偿、真相调查、机构改革和人事清查等多种机制。过渡司法并不存在“一刀切”的模式,由于特殊的历史经历,原苏联、东欧有关国家主要采取了清洗和开放档案等做法。这些国家过渡司法实践留给我们的经验和教训是:不可盲目追随某些人提出的正义口号,每一位公民都应当参与到过渡司法的思考和辩论中来,进而在其目标和手段方面达成共识。
Transitional justice refers to the response to systematic or mass violations of human rights, including various mechanisms such as prosecution, compensation, fact-finding, institutional reform and personnel inventory. There is no “one size fits all” model for transitional justice. Due to the special historical experience, the relevant countries in the former Soviet Union and Eastern Europe mainly adopted the procedures of cleaning and opening archives. The experience and lessons that have been left to us by the transitional justice practice in these countries are: we can not blindly follow the just slogan put forward by some people and every citizen should participate in the thinking and debate on transitional justice so as to reach its goal and means. consensus.