以正当程序来审视瑕疵证据的补正和合理解释

正当程序理念是英美法系法律思想、法律传统的体现,是公民个人所享有公平的最低限度标准,也是人类对正义理想的追求。从正当程序角度审视瑕疵证据的补正和合理解释,通过分析我国司法实务中对瑕疵证据的补正和合理解释的适用情形,说明在立法和司法上对正当程序的偏离,进而回归瑕疵证据本身,以后来看其对正当程序的影响。

To Review the Remedy and the Justifiable Explanation of Defective Evidence with Due Process

The thought of due process embodies the western legal tradition, and is the minimum standard of fairness individual citizens enjoyed and the pursuit of the human justice ideal. This article, from the perspective of due process, reviews the remedy and justifiable explanation of defective evidence. Through analysis the remedy and justifiable explanation of defective evidence applied in the situation of judicial practice, the paper explains the legislative and judicial deviations for due process, and also reveals the impact of due process by returning defective evidence itself.