在法律实施过程中,我们不难发现实体法与程序法之间有失重现象——程序法得不到充分重视。常被作为老大难问题提出的先判后审、辩护虚设、“一审”请示、拖延时程,甚至违法取证等等,都是“失重现象”的具体表现。有人认为,程序是走过场,是形式。在他们认识上形成这样一个三段论:程序问题是形式问题;形式问题是次要的;因而程序是次要的。把法律的实体与程序仅仅看成是“内容”与“形式”的关系,本身是一个错误的前提。由此引起我对法律程序及程序法制的思考。 During the process of law enforcement, it is not difficult to find weight loss between the substantive law and the procedural law - procedural law is not given enough attention. They are often referred to as “pre-trial and post-trial” and defensive falsifications as the crux of the problem. Requesting “first instance”, procrastination, and even illegal forensics are the concrete manifestations of “weightlessness phenomenon.” Some people think that the procedure is to go through the field is the form. In their understanding, there is a syllogism in which procedural problems are formal problems, formal problems secondary and procedurally secondary. The mere fact that the entity and procedure of law are regarded as the relationship between “content” and “form” is itself a false premise. Which led me to think about legal procedure and procedure legal system.