浅析程序法和实体法的关系

An Analysis on the relationship between the Procedure Law and Substantial Law

长期以来,中国重实体轻程序的现象就相当严重,这为实现依法治国方略、推进司法体制改革设置了极大的障碍。为了突破程序工具主义思想,树立程序正义价值观念和程序法与实体法并重的思想,从史实、法律适用、法律价值三个方面探讨程序法与实体法的关系。

The phenomenon that the substantial law takes the priority over the procedural law has lasted for a long time. This has become a huge obstacle to accomplishing the general plan of running the state by the law and the reform of the judicial system. From the perspective of emelimnating the ideas of the procedural tool, establishing the judicial value of procedural justice, setting up the thoughts of the equal importance of procedural law and substantial law, the relationships between procedural law and substantial law is discussed in three respects of historical facts, performing law and law value.