论程序的内在价值及程序公正与效率的关系

On the Interior Value of Procedures and the Relationship Between Procedural Justice and Efficiency

程序公正并不仅仅是追求实体公正的工具和手段,它和实体公正都是司法活动所追求的目标。程序公正可保障、促进实体正义的实现,可控制法官的恣意,防止人治在诉讼中的过度膨胀,可促进纠纷的真正解决。程序正义与效率均是诉讼追求的两大价值目标,两者在价值趋向上既有矛盾,又有重合。

procedural justice is not only the means seeking the substantive justice but also the target saught by judicial activities. Procedural justice can gurantee and promote the realization of substantive justice,control the unscrupulousness of judges,prevent the over-expansion of rule by men in the lawsuit,and promote the real settlement of the disputes. Both procedural justice and efficiency are the targets punued by lawsuits. They are not only contradictory but also over- lapping in their respective value tendencies.