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程序公正,即包括审判者中立,程序公开性以及平等性等方面。而《民事诉讼法》对此方面的相关规定有立法空白。这就导致因对程序本身重视不够从而使当事人不能接受其判决结果。使得程序公正达不到预定的标准,难以实现实体公正。本文旨在通过阐述民事诉讼程序公正的含义,从而针对司法实践中存在的漏洞提出一些实质性建议。
Procedural fairness, that is, including the judge neutral, procedural openness and equality and so on. However, the Civil Procedure Law has some legislative gaps in the relevant provisions in this respect. This has resulted in the parties being unable to accept the result of their sentence because of insufficient emphasis on the procedure itself. Making the program can not reach the predetermined standard of justice, it is difficult to achieve substantive justice. The purpose of this paper is to make some substantive suggestions on the loopholes in the judicial practice by explaining the fair meaning of civil procedure.