| This text is justice as the research object with the civil procedure, divided into seven seals altogether.Chapter 1 is a outline part. Proceed with just concept and analyze, the key question of talking about civil order of western social philosophy is just at first, fairness becomes permanent topics of jurists too. The ones that are closely related with fairness are "Justice " Concept. In this text "Just" With " Justice " Deemed a noun is probed into. Closely linked to right justly at the same time, no matter which kind of law science theory is to the just discussion, it is all by discussing what a correct distribution right it is as the foundation. Right (Freedom). It is a individual interests value way of a certain behavior, is also the center of the fair justice at the same time, the right is a just route that is realized, fairness is the final purpose that the right distributes. Judicial procedure this text study whether one try course about every lawsuit subject regular system of rights and obligations, have exclusiveness, passivity, assigning, stable, economy, fairness, social characteristic. Secondly this chapter has also distinguished the entity justice, with just and justice with the procedure result, point out the just basic value as the procedure of the procedure, include two respects of external just value and inherent just value, it is just that these two respects have combined together and just formed the intact civil procedure. The procedure is not merely for realizing the external just goal of entity, the procedure has independent value orientations itself, i.e. the independent value of the procedure, it is just to call the procedure.Chapter 2 about civil procedure justice for sources historical from probe into, except last Great Britain department and continent law department origins historical of procedures prospers American and French and develop at chapter, probe into two fundamental laws and principles department originate from Great Britain American and French factor of department first to proper procedure difference and proper procedure of cognition also.Chapter 3, chapter 4, chapter 5 are the center herein, and the theory most outstanding part too. Chapter 3 is mainly discussion and analysis of the just value theory of the civil procedure, have probed into value and the appraisal main body of the civil procedure at first, and then concentrate on probing into the classification to the values of the civil procedure of educational circles. The procedure values mainly include three kinds: First, the doctrine procedure values of the tool, including doctrine values of the absolute tool and relative tool doctrine values, i.e. for substantive law, the procedure is only as its tool achieving the goal, procedure law is only a by-law, it does not have any independent inherent value itself; Second, the values of economic benefits; Third, the selfish depart mentalism values of the procedure, emphasize the procedure's own independent value, think the legal procedure which regards people as the centre must reflect the respect to people on logic, include on the whole " Equal"," predictability" ," transparency " , " reasonable " , " participate in " With " personal secrets " Wait for the respect. I think, the values with just civil procedure should be made up of two parts: On one hand, the civil procedure included tool value and independent value justly at the same time, the two are essential components that the civil procedure is just, that is to say, a just civil procedure must include two kinds of value criteria. On the other hand, in the judicial practice, should insist the procedure determines " selfish depart mentalism of new procedure " with just result justly Values, in the judicial practice, because the drawback with uncertain just intension of the entity is fully exposed, entity just to solve to administration of justice or lawsuit this function limited society the mechanism come on, say confusingly, seem some nihility misty, unable to pursue; It contrast sharply with it, ones that confirm intension procedure is the just but for true, tentacle but and. So, conflict with the civil procedure justly in the civil entity justly but under the situation difficult to give consideration to, insist the civil procedure has priority, it is the only realistic, feasible value that chooses the scheme. That is to say, the macroscopically aspect legislating, the civil procedure should have tool advantage of finding the true, accurate applicable law, legislators should fully realize the tool value of the civil procedure while designing the contentious procedure, guarantee the realization that the civil procedure is just. Certainly, the civil procedure law also has independent value besides tool value, i.e. the civil procedure is just.Mainly probe into the analysis of the just value of the civil procedure in chapter four. I mainly probe into narrow sense value with just civil procedure and broad sense value in this chapter. After being here to the discussion of the value of narrow sense, I think: It is a just security system or operation means that realizes of an entity that the civil procedure is just, the civil and just procedure absorbs discontented and orthodox producing the function again. It also has certain procedure synthesis that the civil procedure is just. After to the discussion of the just broad sense value of the civil procedure, I think: First, ensure the authoritative realization of state law justly through the civil procedure; Second, it is that the country reflects the best method to keep to the civil order that the civil procedure is just; Third, it is the prerequisite that the citizen approves of one's own rights and interests that the civil procedure is just; Fourth, it is that the fair and just form reflects that the civil procedure is just; The fifth, it is the country or embodiment of cultural idea of social civil action that the civil procedure is just; The sixth, it is the feudal and traditional, backward line of demarcation that the civil procedure is just; The seventh, it is the embodiment that national public resources are saved that the civil procedure is just; The eighth, it is that the restriction on national common power symbolizes in the society governed by law that the civil procedure is just.Study the concrete content with just civil procedure and security mechanism in chapter five, probe into the key principle analysis which forms basic principle and indispensable function that the civil procedure builds up in this chapter at first. Through to after the analysis of the basic principle and key principle, discuss four more composition contents with just civil procedure, including the procedure just, based on that the procedure ensures and civil of constitution -based civil procedure is just, on the basis of the justice content of civil procedure that combine with benefit.Chapter 6 is investigation and analysis to the just real state of our country's present civil procedure. It does not accord with the procedure in the just place that the following exists at present in the civil contentious procedure of our country. First of all, the judicial independence is not complete, the localization of judicial power, supervision system of the administration of justice are substandard, judicial power administration and administration of justice are not the specialization. Secondly, the defect exists on a series of links in the civil contentious procedure of our country, have influenced the realization of the just value of the procedure. As to the prosecution form that the plaintiff submits, the court is in a situation that not through listening to the opinions of both sides, make the adjudication that will not be accepted, this must deprive party's basic right of procedure based on that the constitution produce. The party in the procedure collected evidence before examining, put time limit to the proof, evidence person who exchange system, avoid system, try committee system, judicial court verdict make system and judgement by default system in various degree existence insufficient. Finally, as relieving examining one grade of systems, reviewing the system and unfavorable to the realization with just procedure too of the procedure. This chapter makes a concrete analysis of the behavior of different system defects.Chapter 7 is the system to propose some. Based on the principle with just procedure on analyzing the insufficient foundation in chapter six, propose various systems reform the suggestion. Include judicial independence and judge's professional forming, reform improving, trial on appeal and reviewing the reform of the procedure, building measures such as the constitution court,etc. of first instance procedure specifically.
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