诉讼程序价值分为两个基本层面:一是工具性价值,二是内在性价值。一直以来,人们只着重强调程序的工具性价值,单纯把程序法作为实施实体法的手段和工具。事实上,程序不仅仅是实现实体法的工具、手段或形式,它本身也是目的,它具有一种独立于程序结果的内在价值。程序不仅仅是实现实体正义的手段,而且是正义本身,在重实体轻程序的传统积习甚深的中国,讨论程序内在价值就显得 The procedural value is divided into two basic levels: one is instrumental value, and the other is intrinsic value. All along, people only emphasize the instrumental value of the procedure and simply use the procedural law as a means and tool for implementing the substantive law. In fact, a program is more than a mere instrument, means or form of substantive law. It is an end in itself and has an intrinsic value that is independent of the outcome of the procedure. The procedure is not merely a means of realizing the justice of the entity, but also of justice itself. In China, where the tradition of light and heavy procedures is emphasized, the intrinsic value of the discussion process appears