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现有的实体法与程序法关系理论存在着三大误区。误区之一,是将调整不同社会关系的法律部门之间的关系说成是实体法与程序法关系,违反了法律部门划分的标准; 误区之二,是将调整诉讼关系的诉讼法视为程序法,不符合诉讼法是由诉讼实体法规范与诉讼程序法规范共同组成的法律部门的立法事实;误区之三,是将诉讼法的功能说成是实施民法、刑法、行政法等非诉讼法律,不符合国家制定诉讼法就是为调整司法关系和社会纠纷关系这一本质性的立法目的
The existing theory of substantive law and procedural law there are three major errors. One of the myths is that the relationship between the legal departments that adjust different social relations is described as the relationship between the substantive law and the procedural law, in violation of the standard for the division of the legal department. The second misunderstanding is that the procedural law that regulates the relationship between the lawsuits is regarded as a procedure Law and Non-procedural Law are the legislative facts of the legal department that is composed of the substantive law of litigation and the norms of the procedural law. The third misunderstanding is to describe the function of procedural law as non-litigation law such as civil law, criminal law and administrative law , Does not meet the national procedural law is to adjust the relationship between judicial and social disputes, an essential legislative purpose