论程序法治文化

On the Rule of Procedural Law Culture

程序法治文化是与程序法治活动密切联系在一起的,是普遍崇尚程序正义的法律制度,法律活动,法律态度,思想认知,行为习惯等社会现象和生活方式。它认为法治的本质是程序法治,程序法治的核心是程序正义的思想和认知,程序法治文化则是围绕着程序法治而呈现出的,并且弥漫在人们思维、生活和制度等各领域中的程序观念元素和制度、行为表达。是一种化在制度中的程序正义模式和化在人们心中的程序正义思想的多元融合体。正当程序理论和程序法学说分别都是程序法治文化的有机构成部分,发达的程序法理论是程序法治文化不可缺少的内容。

The rule of procedural law culture is closely associated with the rule of procedural law activities. It＇s a kind of social phenomena and lifestyle contains legal system, legal activities, legal attitude, ideological cognition, behavior habits and so on, which procedure justice is generally advocated. It says that rule of procedural law is the essence of rule of law. The thoughts and cognition of procedure justice is the core of rule of procedural law. The present of procedural law culture centers on rule of procedural law, and it＇s a kind of procedural concept elements, systems and behavior expression that diffused in all fields of people thoughts, lifestyle, system and so on. It＇s a multiple fusion body contains procedure justice mode melted in system and procedural justice thoughts melted in people＇s hearts. Due process theory and procedural law theory both are the organic forming part of the rule of procedural law culture. Developed procedural law theory is the indispensable contents of rule of procedural law culture.