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现代司法理念包括法官中立、审判独立、程序正义、公平与效率等程序,其中,最主要、最典型、与公民联系最密切的是审判程序,尤其是民事审判程序,因为它集中体现了现代社会民主与法治精神。程序过程具有独立性价值,其本身的正当性是实现实体正当性的前提条件,与实体处于同等的地位。程序正义理论的广泛应用,将有利于“程序工具主义”的淡化和消除我国“重实体轻程序”的观念。
Judicial neutrality, judicial independence, procedural justice, fairness and efficiency are the most important modern judicatory ideas. Among them, the most important and typical ones are the trial procedures, especially the civil trial procedure, which have the closest relationship with citizens because they embody modern society Democracy and the rule of law. The procedural process has the value of independence, and its own legitimacy is a prerequisite for the realization of the legitimacy of the entity, which is in the same position as the entity. The wide application of the theory of procedural justice will be conducive to the “procedural instrumentalism” to dilute and eliminate our concept of “heavy entity and light procedure.”