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如何保障法益的最终实现一直是法学家关注的问题,该问题所涉及到的与社会公众最密切相关的就是公民权利保障的问题。近年来随着司法改革的进行,公民权利的保障得到了越来越多的重视,但是社会公众对司法的质疑和公信力逐年降低的情况也随之暴露出来。当社会公众不再信任司法,我们必须反思,法律究竟出了什么问题。本文结合日本学者谷口安平所著的《程序的正义与诉讼》一书,以追求法益的最终实现为目标进行初步的探讨。
How to protect the ultimate realization of law and interests has always been a matter of concern to jurists. The issue most closely related to the public is the protection of civil rights. In recent years, with the progress of judicial reform, more and more attention has been paid to the protection of civil rights. However, the public’s questioning of the judiciary and the declining credibility have also been exposed. When the public no longer trust justice, we must reflect on what exactly is wrong with the law. This article, based on the book “Procedural Justice and Litigation” written by Japanese scholar Taniguchi Anpan, aims to pursue the ultimate realization of law and interests as the goal.