略论程序公正与实体公正的关系

Analysis on Relationship between Procedural Justice and Substantive Justice

司法公正是法自身的要求,也是依法治国的要求。它包括程序公正和实体公正两个方面。程序公正和实体公正在共同构成司法公正的真正内涵时,不可避免地存在着碰撞和冲突。本文试图揭示程序公正和实体公正的对立统一关系,以对我国司法改革和社会主义法治国家的建设有所裨益。

Judicial justice is necessary for law itself as well as for the idea of governing the country by law. Judicial justice consists of procedural justice and substantive justice. Being the real connotations of judicial justice, there inevitably exist eorfliets and dashes between procedural justice and substantive justice. This article tries to illustrate the opposite and unified relationship between procedural justice and substantive justice with an aim of making eontribution to beth the judicial reform and the building of a socialist country under the rule of law.