正当程序模式 meaning in English
due process model
Examples
- Theory of nature which includes crime mode and due process mode illustrates what kind of idea the criminal procedure should have based on the intense relationship between an individual and his nation . the theory of outcome which includes the family mode and double - end theory emphasizes the ideology of a subject on the outcome of the criminal procedure based on the ideal mode of the criminal procedure ; the theory of means which is represented as substantialism , theory of due process and theory of dispelling conflicts regards the criminal procedure as a means to realize the criminal law
自然论以个人同国家紧张对立关系为基础，阐释刑事诉讼应具备何种价值理念，有犯罪控制模式和正当程序模式；结果论以刑事诉讼结果的理想模式为基础，强调主体对于刑事诉讼结果的观念形态，理论表现有家庭模式和双重目的论；手段论则视刑事诉讼为实现国家刑法或刑罚权的工具，或为国家消解刑事冲突的一种手段，实体真实主义、正当程序主义和消解冲突论是其理论代表。 - In this part , a classfication has been made macroscopically in which the procedural safeguard patterns of the constitutional rights of citizens in western contries has been divided into two parts : the commom law system and the civil law system , and an investigation of these two law systems has been made respetively . then macroscopically , a diachronic and synchronic research have been conducted . on the basis of comparison of the procedural safeguard patterns of the constitutional rights of citizens between the two law systems have been summarized as legitimate procedure pattern and strict regulation pattern . furthermore , a deeper analysis of the value , advantages and disadvantages of the two different patterns has been made , which can be used for reference in the constitution of the procedural safeguard pattern of the constituional rights of citizens with chinese characteristics
在本部分比较研究中，笔者首先从宏观上进行分类，将主要西方国家的公民宪法权利程序保障模式分为英美法系和大陆法系分别予以考察，然后在微观上作历时性和共时性研究，在其差异性比较的基础上，将两大法系的公民宪法权利程序保障模式概括为：正当程序模式和严格规则主义模式，并进一步分析各种模式所折射出的价值观及其利弊，为建构具有中国特色的公民宪法权利程序保障模式提供参考和借鉴。