法律程序与法律实体关系的法理分析

Nomological Analysis on the Relations between Legal Procedure and Legal Entity

法律程序与法律实体同属于法律规范范畴,两者之间不仅存在着内容上的区别,而且存在着相关属性与功能上的联系。从不同视角来看,法律程序与法律实体表现为手段与目的、现实与可能、过程与结果、形式与内容等多重关系。每一项具体权利义务,每一项法律的实施过程,也就是实体法与程序法的统一过程。

Belonging to the category of the legal norm, the legal procedure and the legal entity have differences on the contents, as well as relations between their attributes and functions. Viewed from different angels, procedure and the legal entity may perform multiply relations as that of means and purpose, of actuality and possibility, of process and result, of form and content etc., and the implement process of each right and duty, of each law norm, is also the unifying of legal entity and legal procedure.