确立“程序本位”理念的理论意义和实践意义

On the theoretical and practical implication of legal process departmentalism

程序本位理念是指在诉讼活动中坚持以诉讼过程 ,而不是以诉讼结果为出发点和评价标准的理念。这个理念依据于程序自身的独立价值和过程本身对结果的有用性和有效性。之所以要在我国的理论研究和司法实践中树立程序本位的理念 ,是因为程序法治是现代法治的核心 ,程序本位连接了程序正义与实体正义 ;且有针砭时弊之效。当前坚持程序本位理念不仅具有纠正“重实体轻程序”的倾向 ,引进和传播程序过程、程序正义观念的理论意义 ,而且具有强调现代程序与现代法治之间的必然联系。

Legal process departmentalism is a conception which maintains that trial process instead of trial judgment should be taken as the starting point and evaluation criteria in the trial activities. The conception depends on independent value of the process and its utility and effectiveness to the trial judgment. The reason why the conception is adopted in the theoretical research and judicial practice in China is that we know that procedural law rule is a key principle of the modern law and order, because process departmentalism links the procedural justice and substantive justice, and it points to the current malady. At present, a maintenance of the conception of process departmentalism not only has theoretical significance in rectifying a tendency that stresses the substance but underestimates the process, introduces and spreads the conception, but also has the practical significance which stresses the positive relationship between modern process and law order, carry our current mode of trial reform forward.