To The Fact That Alienation From The Program Alienation: Injustice

China undertakes an important task at present, that is, to realize rule by law through procedure. However, both "there are laws but little observation of them" and "there are no laws to apply" exist in judicial procedures in China. The former often displays in no authoritativeness of law and no sanction of procedure. The latter usually manifests in imperfection of law and incompleteness of procedure. Because procedure is alienated, latent rules are very popular, especially in criminal judiciary. It's very difficult to eliminate these latent rules because they may have strong immunity. So we must put more emphasis on these latent rules.Unjust cases related to this topic are not only a judicial poser in China but also a judicial poser in the world, not only a legal problem but also a political problem. To have a research on these problems is conductive to reduce unjust cases and ensure law implementation. This thesis centers on produce of unjust cases and illegality and drawbacks of procedure from the perspective of law sociology, analyzing inner mechanism of unjust case and designing procedures which could reduce and restrain unjust cases. In this way, the alienation of procedure could return its original value.This thesis makes both theoretical and methodological innovations. In theory, by focusing on social structure of unjust cases, it analyzes mechanism of unjust cases and relationships between alienation of procedure and alienation of fact. It points out that proper procedure is necessary to judge profession, judge neutrality, relationships between judgment before session and judgment in session, closure and opening of litigation, relationships among evidence rules, the doctrine of discretional evaluation of evidence and evidence judgment, and improvement of procedure remedy. This thesis also creates some new conceptions. By using Mark's "alienation theory" for reference, it puts forward "alienation of procedure" and "alienation of fact". By drawing lessons from "social structure theory" of cases, it advances "social structure of unjust cases", "social structure of forming an injustice", "social structure of righting an injustice", "expression power of righting an injustice", "immune mechanism of unjust cases", "self-recovery mechanism of unjust cases" etc. By probing "system theory", it creates "system theory of criminal justice", "harmony theory of criminal justice" etc.In methodology, it combines norm study with positivist research. The author has made some deep interviews with litigants, lawyers and local judicial departments where unjust cases happened. Besides deep interview, the author also collected some dossier of unjust cases. Combining with norm study, this thesis probes interaction between constitution and criminal justice, agree between substantive law and procedure law, join between international law and national law etc.In brief, based on novel theory and proper method, this thesis makes an effective attempt on explanation of unjust cases.