法理学视野中的实体正义与程序正义

On Substantive Justice and Procedural Justice from the Perspective of Jurisprudence

在我国当代司法实践中,常常存在着重实体、轻程序的思想并以此来指导某些案件的审理,严重影响了我国的司法公正和法制建设进程。因此,要改变这种状态,须在分析实体正义与程序正义关系的基础上,从法社会学的角度,树立程序正义观念,完善程序正义机制,着力探寻二者在发生冲突时的解决原则,才能在我国真正实现法理学意义上的程序正义。

In contemporary judicial practice of our country, the idea of attaching much more attention to substance than to procedure is often regarded as guideline to hear cases, which has seriously affected China＇s judicial justice and construction process of legal system. It is expected to analyze the relation of substantive justice and procedural justice from the perspective of law, establish the concept of procedural justice, improve the mech- anism, and strive to explore the principles of resolving the conflict between them.