On The Consciousness Of Procedural Law

Traditionally, the procedural law has been regarded as the appendix of the substantial law and the tools and ways of applying it. The independent value has been gradually noticed by the academic circle in recent works and articles. The phenomena of breaching procedural laws have been valued increasingly and the essentiality and scientific quality of designing vary procedural law in legislation has been discussing. However, the consciousness of procedural law is weak yet, which is the actual problem and should not be neglected. The social practices have shown that the corruption and wrong cases had happened because of breaching procedural laws. In our country we have been stressing more enhancement of legal consciousness but less the procedural consciousness, which has brought about the phenomena of despising legal procedure in the legislation, judicature and execution. The weakness of procedural consciousness has been the mental malady of restricting process of rule of law.This article thinks that the procedural consciousness dominates not only the implement of the procedural law but also the coming into being of a good executable fashion, and then becomes the interior stimulus in the process of rule of law. For the purpose, this article puts forward the notion of procedural consciousness firstly, states its meaning systematically, probes the relations between the procedural consciousness and process of rule of law, construes and analyses it in theory, system and operation. At last the article puts forward the conceptions of fostering and reconstructing the procedural consciousness.