再识程序法与实体法之关系

程序法与实体法具有不同的价值和功能,二者之间不仅是内容和形式的辩证关系,而且程序法在一定情况下亦可弥补实体法的不足。虽然程序法和实体法“具有同样的精神”,但在刑法和刑事诉讼法执行过程中,由于种种原因所致,程序法的价值、功能及程序本身所具有的独立意义,却未被人们所理解,重实体法而轻程序法的观念根深蒂固。随着法制的完备,执法的民主性、科学性、公正性倍受重视,所以重新评价和认识实体法与程序法的关系,重视程序法的价值、功能,确立程序法与实体法并重的执法观念,应引起法学界、法律界足够的关注和重视。

Understand the Relation between Program Law and Entity Law Again

Program law and entity law have the different value and function, there are not only the dialectical relation between them, but also in a certain condition, program law can make up the shortage of entity law. Although program law and entity law have the same spirit, in the execution course of criminal law and criminal procedure law, because of a variety of causes, the value and function of program law and program itself independence meaning yet are not understood by people, the concept that pays more attention to entity law than program law is rootedness. With the perfection of law system, democracy, science and equity of executing the law are paid more attention, so anew evaluating and understanding the relation between entity law and program law, thinking much of the value and function of program law, establishing the concept of executing the law that program law and entity law are the same important, should be paid enough attention in law science circle and law circle.