论程序价值的现代实现

现代程序价值不能仅停留在价值讨论上,更应在程序的立法与实施中贯彻和实现,但是如何体现,用什么方式体现却一直没有得到重视.现代程序价值的实现必须落实到具体规则的设置——也就是规则的程序性和程序度问题.程序既要体现程序“性”,还必须科学适“度”地设置程序规则,才能体现和实现程序价值.

On the Modern Realization of the Procedural Law Value

The value of procedure is always an important issue in the procedure law since procedural law and substantive law researches are separated by human. But the valuation of modern procedure cannot just remain on the discussion of value and should be implemented and achieved in the legislation and implementation of procedures. But how to realize it has not received the attention. The realization of modern procedure value must be implemented to the specific rules set that is the nature of the program and the reasonable of the program. The procedure rules should reflect the nature and be scientifically moderate, so as to realize the value of the prncedure.