Procedure Jurisprudence

The paper deals with the general principles of legal procedure, mainly delving into ten odd relatively important questions of the fundamentals of legal procedure .The structure of the article can be roughly divided into three parts. The first part mainly explores the basic theory of legal procedure, while the second part touches upon the judicial procedure, in this part, primary emphasis is on jurists and procedural ethics, the third part stresses the procedure in constitutionalism. The article is based on the concept of the formality of law with a view to approaching the questions of general pattern in legal procedure.The structure and content of the article are as follows: Preface "Formality and the Modernization of Chinese Law" .To analyzes Chinese law from the formality of law, the characteristic is the lack of formality element. Thus, the theoretical prerequisite for the article is put forward, due process (standing side by side with the professional jurists) is one of the two key factors of the systemization of Western law, being the cornerstone to build up modern law, it is also an essential factor for Chinese law to overcome malpractice so as to achieveformality.The first part, or the first four sections, mainly expounds the basic theory of legal procedure, including the basic features and elements, formality and its significance, the intrinsic basic contradictions of legal procedure, and the fundamentals of procedural justice.The second part is mainly concerned with judicial procedure, and composed of three sections, "Judicature and Procedure", "Judges in The Course of Procedure" and " The Procedural Ethics of Jurists". The third part mainly focuses itself on procedure and constitutionalism, including "Procedural Constitution", "Procedure and Human Rights", "Procedure and Administration" and "The Planning of Administrative Procedure".The third part mainly focuses itself on procedure and constitutionalism, including "Procedural Constitution", "Procedure and Human Rights", "Procedure and Administration" and "The Planning of Administrative Procedure".