习近平法治思想的程序法治观的原创性贡献

The Original Contribution of the View of Procedural Rule of Law of Xi Jinping Thought on the Rule of Law

习近平法治思想的程序法治观的原创性内容包括了执政程序法治、立法程序法治、执法程序法治、司法程序法治四个方面。习近平法治思想的程序法治观超越了西方程序法治观。西方程序法治观的产生是为了弥补正义来源和内容的缺陷,但程序失灵暴露了西方程序法治观的缺陷。习近平法治思想的程序法治观与西方程序法治观的本质差别在于它认为程序必须服务于正义的实体内容,程序公正是实现实体公正的手段、程序公正具有自身的独立价值、中国程序法治必须由中国共产党领导,这些都继承和发展了马克思主义法治思想的程序法治观,是马克思主义程序法治理论的中国化时代化。

The view of procedural rule of law of Xi Jinping Thought on the Rule of Law includes four aspects:rule of law in ruling procedure,rule of law in legislative procedure,rule of law in law enforcement procedure and rule of law in judicial procedure.The view of procedural rule of law of Xi Jinping Thought on the Rule of Law has surpassed Western theory of procedural rule of law.The western theory of procedural rule of law is to make up for the defects of the source and content of justice,but the procedural failure exposes the defects of western procedural theory.The essential difference between the view of procedural rule of law of Xi Jinping Thought on the Rule of Law and Western theory of procedural rule of law is that the former one believes that the procedure must serve the substantive content of justice;Procedural justice is the means to achieve substantive justice;Procedural justice has its own independent value;The procedural rule of law in China must be led by the Communist Party of China.All the above inherits and develops the Marxist theory of procedural rule of law,adapting Marxist theory of procedural rule of law to the Chinese context and the needs of our times.