实定法作为统治阶级意志的反映,必然与维持人民整体利益和秩序的自然法产生冲突,价值的冲突迫使实定法作出修改,通过司法程序改良实定法在中西文化中具有共同的渊源。当事人的诉讼契约使法官独立出来,通过对程序的不断反思促进了现诉讼文明的不断发展。 As a reflection of the will of the ruling class, the actual law must inevitably collide with the natural law of maintaining the overall interests and order of the people. The conflict of values ​​forces the amendment of the real law and has common origins in Chinese and Western cultures through the judicial procedure improvement. The litigation contract of the parties made the judge independent, which promoted the continuous development of litigation civilization through continuous reflection on the procedure.