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现阶段,我国三大诉讼法基本原则的内容体系包括为三大诉讼法所共有的一般原则和本部门诉讼法的特有原则。而一般原则的存在与法律基本原则的特殊性存在直接冲突。是造成诉讼法法律基本原则数量众多、内容重复冗长的根源所在。基于一般原则的调整对象与宪法关系具有共同性,又都具概括性,故主张一般原则以宪法一般条款的形式回归宪法。
At this stage, the content system of the basic principles of the three major procedural laws in our country includes the general principles common to the three major procedural laws and the unique principles of the procedural law of this department. However, there is a direct conflict between the existence of the general principles and the particularity of the basic principles of law. It is the origin of the large number of basic principles of procedural law and the long and complicated content. The object of adjustment based on the general principle has commonality with the constitution, and all of them are generalized. Therefore, the general principle is advocated to return to the constitution in the form of general provisions of the Constitution.