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Procedural Justice And Human Existence

Posted on:2010-12-25Degree:DoctorType:Dissertation
Country:ChinaCandidate:D ZhuFull Text:PDF
GTID:1116360275492761Subject:Marxist philosophy
Abstract/Summary:PDF Full Text Request
Legal system modernization first needs to modernize the ideas of law. The most important thing is to establish the modern concept of supremacy of law. However, supremacy of law operate based on legal procedure which determines the fundamental distinction between rule of law and arbitrary rule of man. The concept of procedure is one of the element of rule of law, as well as the leading factor. While the procedural justice decides the validity and stability in the procedure and consequence of the legal system operate. It also demonstrates and protect the social fundamental justice. Traditional Chinese legal culture tended to stress the entity and belittle the procedure , attach more importance to result than to process. Therefore, it deprived procedure of their independent value and emphasis given. What is more important, legal culture ideas are bound to make the disadvantaged ones being"judged","managed","controlled"lose their human dignity and become a tool for realizing the aim of others, society and nation. The true value of procedural justice is that it maintains the essential question of human existence, such as human freedom and dignity. On the basis of analysis, induction and conclusion of procedural justice's origin, definiton, understanding of procedural justice in the world and human being of Marxist philosophy, the paper analyzes deep value and basic requirements starting with concepts of justice and procedural justice, contents and reaction. It also argues that man being the purpose, legal process designed to meet justice's needs and implementation of procedural justice will make procedural justice really happen in China rather than imitaion, copy and transplantation of legal process in western countries. That's the point.
Keywords/Search Tags:Justice, Procedural Justice, Practical Philosophy, Human being
PDF Full Text Request
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