论程序公正在司法公正中的作用

The Important Role Played By Procedural Equality in Judicial Equality

司法是司法机关运用法定的程序解决纠纷或争议的活动。司法公正是司法的固有之意,是依法治国对司法机关提出的要求,也是我国当前司法改革所追求的核心价值目标。司法公正包括实体公正和程序公正。程序公正不仅可以保障实体公正,实现其:工具价值,而且程序公正还有其自身独立的价值。即程序公正本身体现着社会民主、文明、人权保障和法治精神。司法能力和资源的有限性以及实体公正的个体评价性决定了程序公正在司法公正中的优先价值。由于程序公正对司法公正能否实现具有重要意义,冈而有关诉讼程序的改革就成为我国司法改革的重点利难点。

The intention of judicial action is to solve the confliction between human beings who are involved in confliction with law. Judicial equality is the demand of rule of law as well as the core value of judicial reform and the responsibilities of judicial organization. Procedural equality not only itself give out the spirit of rule of law such as democracy , civilization and human rights, also play an important rule in the realization of judicial equality. It is the limited judicial source and judicial capacity as well as the individual appreciation of substantive equality that made the prefer value of judicial equality. From what has been mentioned above it is not difficult for us to reach the conclusion： litigation procedural reform is the most difficult and crucial problem.