浅析民事诉讼程序的价值

On the values of the procedures of civil litigation

要建设法治国家就必须深入开展对程序价值的研究,民事诉讼程序不仅辩证地执行着民事实体法,并且还选择、矫正、补充实体法;作为过程与方式,民事诉讼程序蕴含着形式公正、当事人本位等丰富的价值标准;公正的程序还可以吸收不满,促使生效裁判顺利执行;严格遵守程序限制了法官恣意,又减轻了法官的责任压力。

To establish a nation of perfect legal system, it is necessary to conduct a deeper study on the value of procedures. The procedures of civil litigation not only dialectically perform the civil law entity, but also chooses, verifies, and reinforces the law entity. Functioning as the process and mode, the procedures of civil litigation entail the criteria of values such as the party proper of form impartiality; the procedures of impartiality can also absorb discontentment, so as to accelerate the smooth conduction of effective judgment. The rigid abidance of these procedures on the one hand forbids the arbitrariness of law-officers, and on the other hand it also alleviates their pressure of responsibility.