程序法和实体法的关系

Relations between Procedural Law and Substantive Law

通过程序对于实体法的创制和弥补、程序法对于实体法功能的发挥和排除、程序是司法公正的检验标志、程序是“法治”内容的核心等程序和程序法独立价值的分析 ,探求深刻认识实体法和程序法关系的理论根据 ,为进而纠正实践中“重实体、轻程序”

An analysis on the independent values of procedure and procedural law is given in the article,that is,the former is the creation and complement to the substantive law;the latter is the elaboration and elimination to the function of the substantive law;and procedure is the sign of judicial justice;and it also the nuclear of “govern by law”. Through the analysis,the author probes into theoretical basis of the relations between substantive law and procedural law,to offer an idea guidance to correct the prejudice of “valuing substance while devaluing procedure” in the practice.