程序法与实体法关系的法理学评析

在实体法和程序法的关系问题上,近年在质疑和批判传统上占主流的“程序工具主义“的过程中出现的“程序至上论“、“价值补充论“、“内容决定论“等,都经不起唯物辩证法的批判性考察.“平行论“的观点是正确的,因为实体法与程序法既相互依赖、互为前提,又相互分离、相互独立,并相互渗透、相互贯通.进一步看,程序法可以弥补实体法的不足,程序问题优先于实体问题,程序应当先行.

Jurisprudential Analysis of Relationship between Procedural Law and Substantial Law

In the question of relationship between substantial law and procedural law. supremacy of procedure", "value supplement", "content being decisive" which appear in the process of "procedural instrumentalism" in the mainstream of tradition of questioning and criticism cannot stand the critical examination of materia1ist dialectics. The idea of "Parallelism" is correct in that sustantial law and procedural law depend on each other, being each other's premises and penetrating and linking up with each other while separat- ed from and independent of each other. Furthermore, procedural law can remedy the inade- quacy of substantial law. The prohlem of procedure having priority over that of substance,procedure should start off hefore the other.