感知的程序正义 ――主观程序正义及其建构

主观程序正义是人们对于程序是否公平的感受，提高这种公平感有助于塑造对立法、执法和司法的信任，进而有助于法治的实现。经验研究表明，公平感的提升与个体对立法、执法和司法过程的控制感和尊严感的获得紧密相关。十八届三中与四中全会关于“省管司法”与设立巡回法庭的决定，通过彰显中立容易让公众产生更高的控制感；在“公案”中对判决书的语言进行特别的处理和设立不同意见书制度、为民意提供适当的参与司法的通道和执行特定意义上的群众路线，容易让公众产生尊严感；特定的宣传与教育技巧能提高公众感知能力进而提升主观程序正义，这些都有助于产生对立法、执法和司法的信任并最终有利于法治的推进。
Subjective procedural justice means people’s feeling about whether the procedure is fair, and to enhance the sense of fairness will help to shape the trust in legislation, law enforcement and justice. Thus this is conducive to the realization of the Rule of Law. Empirical study has showed that the promotion of the sense of fairness comes from the sense of the dignity and the control of the process of the implementation of law. The decision of the adjustment of the judicial power and the establishment of circuit court made by the 3rd and 4th plenary session of the 18th Communist Party of China Central Committee will help build strong sense of control over the process of the implementation of law among the people. By making the jargons in the legal judgements of public concerned cases clearer and easier to be understood by people, showing different judicial opinions in legal judgements and establishing certain ways to absorb the public opinions in the legal judgements, which are methods to execute the “mass lines”, the public is prone to a sense of dignity. Certain technics of publicity and public education of procedural justice will improve people’s ability to get aware of procedural justice and eventually implement the Rule of Law.