略论程序法与实体法的执法观念定位——兼论执行实体法与程序法的关系

程序法与实体法具有不同的价值和功能 ,二者之间不仅是内容和形式的辩证关系 ,而且程序法在一定情况下亦可弥补实体法的不足。随着法制的完备 ,执法的民主性、科学性、公正性备受重视 ,所以重新评价和认识实体法与程序法的关系 ,重视程序法的价值、功能 ,确立程序法与实体法并重的执法观念 ,应引起法学界、法律界足够的关注和重视。

Procedural law and substantive law have different values and functions. The two laws are in the relation of subject and form, and procedural law can make up the deficiency of substantive law as well. With the perfection of rule of law, much more attention has been attached to the democratic, scientific and just enforcement of laws, so reevaluating and recognizing the relationship between substantive law and procedural law, emphasizing the value and functions of procedural law, and establishing the law enforcement notion that procedural law and substantive law are both important should arouse enough attention and emphasis in the jurisprudential circle and legal profession.