法的形式正义与实质正义

On Formal Justice and Substantive Justice

本文对法的形式正义以及与之对应的实质正义作了分析，认为存在着三种形态的形式正义：其一，与社会正义相对应的制度正义；其二，与具体正义相对应的抽象正义；其三，与实体正义相对应的程序正义。并认为三种形态的形式正义都与法治密切相关。文章分析了法的形式正义的标准和局限性，分析了法治对形式正义的局限性之包容态度。最后认为，推行法治首先就是倡导形式正义；为了推行法治，实质正义在两种情况下是可以舍弃的。

The author makes an analysis of formal justice and its corresponding substantive justice. He believes that there are three forms of formal justics. One of them is the systematical justice which correspords to the social jushce; the second is the abstract justice that is of correspondency to the concrete one, and the third is the jushce of entity as well as the procedural justice, which, he finds,are homologous. He thinks that the three pattems of formal justice are closely relative to the rule of law. He has also analyzed the standards and their limitations of formal justice, which he declares are included in the rule of law. Finally he says, it means to initiate formalism when you practise the rule of law. In order to carry out the rule of law, substantive justice may be left out in two definite cases.