Justice Theory Of Civil Procedure And Its Implementation Mechanism

This dissertation ?Civil Procedure Justice Theory and the Study of Its Realization Mechanism?proceeds from the study of procedure justice theory and further discusses its realization mechanism which based on the analysis of establishing the most essential standards of procedure justice.Chapter One exposes procedure justice. Its main theme is to investigate the formation and development of procedure justice and come to the conclusion, which is drawn from observing and studying both ancient and modern world over scholars?every description on justice procedure, that justice as a concept is human being conscious activities. The basic concept of justice can be considered as relationships between person to person and simultaneously the objective standards in assessing justice exist. Law realizes procedure justice and detailed justice theory. Procedure justice as a very important part in law justice provides a critical standard as far as judicial justice is concerned. Civil procedure emphasizes its independence value. If civil procedure is justified, then the judgement is legitimate, therefore widely accepted by people. In addition, through detailed analysis of positive elements of procedure justice, we can conclude that procedure justice is the fruit of human civilization development and a qualitative development of human cognition. Lastly, in order to have a better understanding of procedure justice, this chapter also studies the relationship between procedure justice significance, objectives and structures. The writer holds that procedure justice possesses independent value, that is internal value, and sometimes it turns to be the highest value when there are conflicts happen between external value.Chapter Two talks about essential standards of civil procedure justice. The establishment of these standards helps to realize the transferring from concept to formation, thus procedure justice can be operated. The writer insists that these standards mainly include neutrality of judges, subject of party and efficiency of procedure.Chapter Three analyzes and concludes the features of civil procedure justice--just formation, self-regulation and guarantee independence, and further understanding of civil procedure justice.Chapter Four deals with roles and functions of procedure justice. From the studyand analysis of procedure justice, the writer draws the conclusion that social justiceand guarantee content can be realized through civil procedure justice, so that disputeswil1 be settled, conflicts will be resolved and ordering will be resumed.ChaPter Five concerns gUarantee foundation of procedure justice. Frommacroscopic point of view the Constituion serves as the foundation stone, andfurther this chaPter discusses the basic gUaranee mechanism of judicial mechanismindePendence and executive environment, emPhasizing quallfications of judges intenns of judicial independence.Chapter SiX is about gUarantee mechanism. Referring to essental standards, thischaPter fOcuses on the basic princip1es, trial investigations and burden of producingevidence etc..ChaPter Seven assesses civil procedure justice in westem countries by comParinga-nd analyzing situations in U.S., Britain, France, Germny and JaPan and comes tothe conclusion that refOrm is the fashion, mixing up is the trend, and justice is thepermanent subject. Still efficiency requires great efforts. Cultivating social fiJnctionsis the only way to relieving the increasing workload in judicature. The content ofprocedure is enlarged. Justice gUaramee should consider efficiency even putefficiency first. Judicial reform in China can use the eXPerience of other countries fOrreference. This is of great significance.Chapter Eight investigates domestic civil procedure and its mechanism in termsof procedure justice. This chaPter carefully and comPrehensively examines themechanism of ensuring procedure justice, Which though is important, quite weak,conciliation system, trial investigations, avoidance system...