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中国传统诉讼文化与“以程序正义为核心的诉讼模式有相当的距离”。〔1〕因传统使然,普通民众对牺牲实体公正的纯粹程序公正认同度较低,对符合程序公正理念但实体不公之裁判的接受度也较低。证据规则不可能完全脱离国情而追求纯粹的程序公正。故而,符合国情的选择应该是在程序公正与实体公正发生冲突时,优先考量实体公正,并对程序公正予以相应的保障。对程序瑕疵行为,应科以程序性制裁而尽量避免实体恶性失权制
Chinese traditional litigation culture has a considerable distance from the litigation model centered on procedural justice. " [1] Traditionally, ordinary people have a low degree of fairness in accepting purely procedural programs that sacrifice substantive justice and low levels of acceptance of unjust referees who conform to the notion of procedural fairness. Evidence rules can not be completely isolated from the national conditions in pursuit of pure procedural fairness. Therefore, in accordance with the national conditions, the choice should be to give priority to the substantive justice and ensure the procedural fairness in the event of conflict between procedural fairness and substantive justice. Procedural flaws, should be subject to procedural sanctions and try to avoid the real system of vicious loss of power