民事诉讼中轻程序正义现象探析

On Procedural Justice of Procedural Law

程序正义问题是近年来法学界关注的焦点。作为实现社会正义重要程序之一的民事诉讼 ,不仅需要程序正义 ,更需要程序正义得到保障。我国民事诉讼中存在轻程序正义的现象 ,程序正义意识薄弱 ,必须对现行的民事诉讼制度进行改革 ,如确保法院和法官的独立、辩论主义的确立和法官释明权的赋予、直接言词原则的确立和司法公开原则的完善。

The issue about ignoring procedural justice has been the hot point in jurisprudence circle. Civil litigation, as an important way to make social justice a reality, needs not only procedural justice but also the guarantee of such justice. Therefore, a reform of system of civil litigation is necessary to abolish people's ignorance of procedural justice in order to obtain the sense of such justice. The reform should focus on the following, such as the independence of court and judge, the establishment of argument attention and the grant of judge's right to explain, the principle of direct testimony and the principle of open judicature, etc.