从效率与公正的统一看正当程序原则

Look on the Principle of Legitimate Procedure Based on the Unification of Efficiency and Justice

效率与公正是一对既相互协调又相互矛盾的法律价值形式。诉讼公正是诉讼最根本的要求,是提高诉讼效率最重要的前提;诉讼效率本身内含着公正,只有公正的诉讼才是最有效率的。诉讼中的公正具有鲜明的阶级性、时代性,“依法裁判”的局限性虚构其公正性。而不断趋近于“纯粹程序正义”的正当程序原则则能统一人们的公正理念,从而实现效率与公正的统一。

Efficiency and justice is a pair of mutually harmonious and contradictory legal value form. Legislative justice is the basic requirement of lawsuit and the prerequisite to improve the efficiency of legislation. Legislative efficiency itself contains justice, and only just legislation is the most efficient. The justice in the lawsuit possesses strong historical and cultural features, and the limitations of ＇judging by law＇ fabricates its justice. However, the principle of just procedure that continuously gets close to ＇pure pr^edural justice＇ can unify people＇s concepts of justice and thus bring about the unification of efficiency and justice.