浅析诉讼中的程序正义

在司法审判中,一直以来中国往往注重实体权利的实现,强调个别正义。即使是一向注重法治的西方国家,传统关注的也是实体正义。不过这种局面在20世纪60年代以后有了根本性的改观,更多的人们认识到了程序正义的价值。程序正义不仅有助于实体公正的实现,也是法治进程的推动力。程序正义成了西方国家诉讼的基本价值取向,但在中国这一问题仍然没有引起足够的重视。

The Procedural Justice in the Litigation

In the process of judicial adjudication, Chinese always lay much stress on the realization of substantive right,and emphasize individual justice.Even the western countries which are famous for their rule of law traditionally did the same.However,this situation has changed fundamentally;more and more people come to realize the value of procedural justice which could not only help realize the substantive right,but also give impetus to the progress of ruling by law,and has become the basic value orientation in western countries,yet in China it has not been given enough attention.