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民事诉讼作为程序法而言其独立性价值在于能够保障实体公正和程序公正。而民事诉讼所追求的程序公正又从某种方面来说受到了经济效益的影响而不能够很好地得到正视。那么怎样调节公正价值和经济效益之间的关系就成为学者关系和讨论的焦点问题。本文在参考两篇博士论文对这一问题的阐述的基础之上,结合其他学者对公正价值的理解对这一问题提出自己的意见和见解,希图通过对民事诉讼法价值的判断和经济利益的调节上找到一种能够兼顾的处理方式。
As a procedural law, the value of independence of civil litigation lies in the ability to guarantee substantive justice and procedural fairness. However, the procedural justice pursued by civil lawsuit is affected by the economic benefits in some ways and can not be well addressed. So how to adjust the relationship between fair value and economic benefits has become the focus of scholarship and discussion. Based on the exposition of two doctoral dissertations on this issue and based on the understanding of fair value by other scholars, this article puts forward my opinions and opinions on this issue. Through the judgment of the value of civil procedure law and the economic benefits The adjustment to find a way to deal with both.