Jurisprudence Study Of Subjective Procedural Justice

The concept of subjective procedural justice stems from the empirical study of procedural justice by social psychology,but we cannot limit our research to "social psychology research of procedural justice".It is not difficult to find out that the core basis for the existence of subjective procedural justice in terms of objective procedural justice is the subjectivity of "source of procedural justice evaluation".There are two approaches and two models to interpret subjective procedural justice.Although the differences between the two models are difficult to integrate through a single procedural justice theory,they are based on people's values and beliefs about procedural justice which is embodied in the social consensus of procedural justice in American society.As an attitude to the acceptance of legal procedures,subjective procedural justice has important practical significance for improving the credibility of the judiciary and promoting the voluntary obedience of legal authority.As a component of procedural justice theory,subjective procedural justice certainly has profound theoretical origins.The ancient principles of procedural justice contain the subjective meanings and the emphasis on "trust" and "dignity" constitutes the subjective reasons for the independent value of the procedure.As a product of behavioral interactions in legal proceedings,subjective procedural justice highlights the inter-subjectivity of procedural justice.It no longer gives the judgment of "idealization degree" for the communication to the "subject" of either party,but really handed it to "communication" itself.The purpose is to pursues the validity and acceptability of the conviction for procedural justice.The inquiry of subjective procedural justice cannot circumvent human emotions that receive theoretical support from the academic circles on legal and emotional research.Subjective procedural justice highlights the dialectical unity of the procedural justice theory by focusing on the subjectivity.When people evaluate the fairness of legal procedure,they refer to the common expectation of procedural justice.The generation of subjective procedural justice is the result of communication between the normative expectation of procedural justice and the subjective expectation of the procedure.The process of expecting communication is a process of aggregating multiple expectations of “meaning” and generating greater contingency.The complex expectation of subjective procedural justice consists of cognitive expectations and normative expectations.It is the result of the mutual observation between the procedural subject and the public.The normative expectations of subjective procedural justice mainly include “meaningful participation”,“judges strive to achieve a fair professional image”,“politely treated”,“substantive justice” and so on.The satisfaction of these expectations has produced a sense of procedural justice that is organically combined with “trust”,“dignity” and“control”.The standardization of the expectation is a process of transforming subjective behavioral expectations into identifiable objective meanings,which can be considered from three dimensions and four levels.The mechanism of the action of the subjective procedural justice is embedded inthe complex relationship between the acceptance of results and procedures.People's acceptance of the referee is not only the acceptance of the result,but also the acceptance of due process of law.This complex “acceptance” is intended to seek the reason of “acceptance”.The intuition that "procedural legitimacy" can guarantee the "legality of the results" is the consensus of the public about "procedural legitimacy can guarantee the legitimacy of the results." The reason for the consensus comes from the occurrence of subjective procedural justice.The sense of trust,dignity and control generated by subjective procedural justice allows people to obtain subjective satisfaction with legal procedures,thus generating emotional recognition of legal procedures.While promoting the acceptance of the referee,subjective procedural justice can also relieve the “resentment” accumulated in the judicial process through the “buffer function”.As a modern procedure concept,subjective procedural justice is also embedded in the Chinese practice."Trying to let the people feel fair and justice in every judicial case" contains the local expression of subjective procedural justice.The “feeling of fairness and justice” focuses on the sense of procedural justice.Its core purpose is to persuade the parties and the public to rely on due process by enhancing their “gain of acquisition” of the procedure."Feeling procedural justice" implies the jurisprudence of subjective procedural justice,highlights the people's dominant position and the people-centered principle.It is rooted in China's traditional legal culture and contemporary practice.The practical approach to enhance subjective procedural justice should pay attention to the "subjective" perspective.We must try our best to avoid the people's "imagination of procedural injustice",strive to improve their Sense of procedural acquisition,strengthen the professional ethical responsibility of judges,and improve judges' Legal thinking.