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近几年,司法实务领域与理论界紧扣“司法公正与效率”主题,积极探讨司法改革,学术主流强调程序公正与实体公正并重,但也有人主张突出程序公正的优位价值。大家围绕这一主线,以依法、公正、公开、独立、高效等标准,审视我国现行三大诉讼法及其运作,在诸如简易程序的适用、再审程序的完善、庭前准备程序规范等方面,提出了许多好的建议,这些建议对改革和完善三大诉讼法、规范操作程序具有积极意义。然而,仍有一些法律制度特别是二审程序与审判组织形式存在的严重缺陷,尚未引起法学界和司法实践的足够注意。本文拟对此加以探讨。
In recent years, the field of judicial practice and theorists have been closely linked to the theme of “judicial fairness and efficiency,” actively exploring judicial reforms, and emphasizing procedural justice and substantive fairness in the academic mainstream. However, some people also advocate highlighting the merit-based merit value. With regard to this main line, we examine the current three major procedural laws and their operation in our country in accordance with the standards of law, impartiality, openness, independence and efficiency. In terms of the application of summary procedures, the improvement of retrial procedures and the preparation of pretrial procedures, Made many good suggestions, and these suggestions have a positive meaning in reforming and perfecting the three major procedural laws and standardizing operational procedures. However, there are still some serious flaws in the legal system, especially in the form of second instance trial and trial organization, which have not drawn enough attention from the jurisprudence and judicial practice. This article intends to discuss this.