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在现代法治社会中,法律价值的取向是呈多元化趋势的。公正、效率一直是法律所追求的价值目标,但二者的关系如何定位?这一直是学界争论的焦点。2003年《关于适用普通程序审理“被告人认罪案件”的若干意见(试行)》的出台引进了协商性司法理念,为人们处理公平与效率的关系提供了一种新思路。但是目前我国的普通程序简化审还存在许多缺陷与不足,需要更加科学合理的予以改进和完善。
In modern society ruled by law, the orientation of legal values is diversified. Fairness and efficiency have always been the value goals pursued by law. However, how to position the relationship between the two has always been the focus of academic debate. The promulgation of Several Opinions on Trial of Ordinary Proceedings and Trial of Confession by Defendants (Trial) in 2003 introduced the concept of consultative justice and provided a new way for people to handle the relationship between fairness and efficiency. However, at present, there are many shortcomings and deficiencies in simplifying the ordinary procedure in our country, and it needs to be more scientifically and reasonably improved and perfected.