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法治是指对公共权力的法律控制,也是指以法律规则对社会的规范化治理。潜规则的盛行,是法治的异化,也是法治建设中的一块绊脚石。导致司法潜规则的原因有很多,本文将从正义价值出发,简述程序正义和实体正义与司法潜规则的相互影响,以及面对程序正义和实体正义的价值冲突与平衡,我们该如何对待司法潜规则。
The rule of law refers to the legal control of public power, but also refers to the legal rules of the social standardization of governance. The prevalence of unspoken rules is the alienation of the rule of law and is also a stumbling block in the construction of the rule of law. There are many reasons that lead to the unspoken rules of justice. This article will proceed from the value of justice, briefly discuss the mutual influence of procedural justice and substantive justice and unspoken rules of justice, and the value conflict and balance between procedural justice and substantive justice. How can we treat the judicatory Unspoken rules.