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受传统文化历史因素的影响,我国当代法律在执行过程中有着普遍的重视实体而轻视程序方法的现象,这种执行方式往往因为保证实体正义性而忽视了程序正义性,严格来说,这种状况不利于法律的健全与发展。随着西方法律观念的逐步引进,我国开始注意到法律程序正义的价值与意义。面对传统法律执行观念根深蒂固的现状,我国应当持续深化法律理论与实践研究改革,充分认识到法律程序的价值,科学设置程序性制裁制度,增加诉讼法中程序性限制因素。本文主要对诉讼行为进行全方面理论阐述,在此基础上深入剖析诉讼行为无效制度。
Due to the influence of the traditional culture and history, the contemporary law in our country has the phenomenon of attaching importance to the entity and despising the procedural method in the implementation process. This kind of execution often neglects the procedural justice because of the guarantee of substantive justice. Strictly speaking, The situation is not conducive to the sound development of the law. With the gradual introduction of Western legal concepts, our country has begun to pay attention to the value and significance of legal procedural justice. Faced with the deep-rooted status quo of the traditional concept of law enforcement, our country should continue to deepen the reform of legal theory and practice research, fully recognize the value of legal procedures, set up procedural sanctions scientifically and increase procedural constraints in procedural law. This article mainly carries on the all-round theory explanation to the litigation behavior, on this basis, analyzes the invalidation system of the litigation behavior thoroughly.