正当程序最初是由美国联邦宪法确立的一项基本原则,现在已成为现代法治国家普遍遵循的一项重要原则,其适用范围涵盖立法、行政和司法三种领域。而正义是人类社会所追求的首要价值目标。“正义的主要问题是社会的基本结构,或更准确地说,是社会主要制度分配基本权利和义务,决定由社会合作产生的权益之划分的方式”。因此,广义上的实体正义,是指社会基本结构的划分、国家权力的配置和公民权利义务的分配所处的合理和平衡状态。它广泛存在于社会生活的方方面面。由于正当程序最初起源于刑事法领域,是刑事司法过程中应当遵循的主要的程序规则,同时也是刑事司法现代化、文明化 Since due process was initially established by the U.S. Federal Constitution as a basic principle, it has now become a generally accepted principle in modern law-governed countries. Its scope of application covers three areas of legislation, administration and judiciary. Justice is the primary value goal pursued by human society. “The main problem of justice is the basic structure of society, or more precisely, the way in which the major social systems allocate basic rights and obligations and determine the division of rights and interests that result from social cooperation.” Therefore, substantive justice in broad sense refers to the rational and balanced state of the division of the basic social structure, the allocation of state power and the distribution of the rights and obligations of citizens. It exists widely in all aspects of social life. Since due process originated in the field of criminal law, due process is the main procedural rule that should be followed in the process of criminal justice. It is also the modernization of criminal justice and the civilization