论民事诉讼法与民事实体法的关系

On relationship of Civil Procedures Law and Civil Entity Law

目前有关民事诉讼法与民事实体法关系的问题已成为诉讼法理论界所关注的热点问题。长期以来,由于受到"重实体,轻程序"观念的影响,诉讼法一直被看作是实现实体法的形式和手段,因而诉讼法的工具价值被视其根本价值,忽视了诉讼法的内在价值。民事诉讼法与民事实体法既有区别,又有联系,相互依存,相辅相成,构成了统一的法律体系。

Currently the issue concerning the relationship of civil procedures law and civil entity law has been a hot topic in procedures law theory circle. In a long time, under the influence of ＂ emphasizing entity and ignoring procedure＂, procedures law has been regarded the mean or form to realize the entity law, meanwhile the function of tool is regarded as its basic value, so its inherent value is ignored. The two kinds of laws have some differences and connections. They depend on each other and support each other thus construct a unified legal system.