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法律有一个非常重要的职能,那就是有效解决社会纠纷,要想完成好这一职能,在司法活动中就要力求公正,其中程序公正不可忽视。在我国现今民事诉讼程序中,法官对于规则过分依赖,履职过程中消极被动,这不利于案件的审理,再加上当事人诉讼能力不足,很容易导致诉讼效率降低。文章认为在程序公正的视角下,强调诉讼程序的公开,明确法官职责的内容,落实各种保障法官履职的机制,将有助于法官更好地履职。
The law has a very important function, which is to effectively solve social disputes. To accomplish this function, we must strive for fairness in the judicial activities, of which procedural justice can not be ignored. In our country’s current civil procedure, the judges are overly dependent on the rules and passively passive in the process of performing their duties. This is not conducive to the hearing of the case. Coupled with the litigation ability of the litigant, the litigation efficiency can be easily reduced. The article holds that stressing procedural openness, clarifying the content of judges’ duties and implementing various mechanisms for ensuring the performance of judges will help judges to perform their duties better from a procedural fair perspective.