论文部分内容阅读
本文认为,在现代法治社会中,诉讼价值的取向日趋多元化,任何一种价值的实现可以说都是诉讼目的某一方面的相对满足。然而公正、效率、效益,可谓是任何诉讼活动所追求的“三位一体”的价值目标。其中,公正是诉讼的核心和基础,效率是公正的有效保障,也许在特定的法律文化背景下,公正与效率在诉讼价值的追逐过程中所占的比重不同,它们会呈现出一种动态的和发展的状态,正因为如此才确实需要效益在两者之间寻找和协调这种平衡。而效益又是协调两者关系的最佳平衡点。总之,三者之间应当是一种辩证统一的、相辅相成的、缺一不可的关系。只有如此,才能使我们的诉讼活动在司法实践中既保持理性,又不脱离现实,并最终为社会提供最大程度的公正与效益。
This paper argues that in the modern society ruled by law, the value orientation of litigation is increasingly diversified. The realization of any kind of value can all be said to be one of the relative satisfactions of litigation purposes. However, fairness, efficiency and effectiveness can be described as the “Trinity” value goal pursued by any litigation activity. Among them, justice is the core and foundation of lawsuit, and efficiency is an effective and just guarantee. Maybe in a specific legal and cultural context, the proportion of fairness and efficiency in the pursuit of litigation value is different, and they will present a dynamic And development, precisely because of this, there is a real need for efficiency in finding and coordinating this balance between the two. The benefit is to coordinate the best balance between the two. In short, the three should be a dialectical unity, complementarity and indispensability. Only in this way can we make our litigation activities be rational in judicial practice without departing from the reality and ultimately provide society with the utmost fairness and effectiveness.