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运用程序偏差概念考察诉讼程序运行 ,是我国诉讼法研究的新视角。诉讼的程序偏差 ,是指诉讼程序的制度设计和实践运行偏离了程序规则的要求而产生的缺点和错误。这些缺点和错误有的是程序本身固有的和先在的 ,即程序内在偏差 ;有的是由程序实践中介入的非理性因素影响而产生的 ,即程序衍生偏差。他们都会对诉讼程序的公正运行产生负效应 ,因而诉讼程序运行应当关注程序偏差并最大限度地校正偏差、消解负效应 ,以保证诉讼程序运行达到合理化。
Using the concept of procedural deviation to study the operation of litigation procedure is a new perspective of the study of litigation law in our country. The procedural deviation of litigation refers to the shortcomings and mistakes made in the design and practice of the litigation procedure deviating from the requirements of procedural rules. Some of these shortcomings and mistakes inherent in the program itself, and prior, that is, the process of internal deviation; some by the practice of the program intervened by the impact of non-rational factors arising from the deviation derived from the program. All of them will have a negative effect on the fair running of the litigation procedure. Therefore, the running of the litigation procedure should pay attention to the procedural deviation, and correct the deviation to the maximum extent so as to eliminate the negative effect so as to ensure the legalization of the litigation procedure.