Procedural Justice Study In Criminal Litigation

People are accustomed to an idea for a long time that if the result from legal procedure is proved not unfair , the legal procedure is fair.Actually, it is a reflection of which procedural justice is neglected while substantive justice is purchased.Process value is divided into two aspects from theory of values:Instrumental values of process refer to the concept that if process is due or acceptable ,it is effective on producing fair or correct result . Independent values of process refer to an idea that due process is proved at first by guaranteeing values of human dignityself_decision and etc, and not proved by producing ability of "correct result" process holds. Comparison of instrumental values with independent values ,independent values of process should be decisive because it is an excellent inherent characteristic of procedure.The concept of procedural justice rises from England and inherits and developes in the United States .American scholars John Rawls, RObert S. Summers and M.D. Bayles construct the theory of procedural justice from a different angle .Though construction of their theories is different , they have the same comprehension on procedure. They think that procedure has instrinsic values independent from the result. On the other words, legal procedure is designed for ensuring process value independent from result of judgement. In order to make him turn out to be a consultor, debater and persuaded person in process of making judgement and make his human dignity, self decision values and etc. be fully respected, it emphasizes that the position of procedural participant as responsible and rational subject should be respected and requires that judge take part in process of making judgement with him and demonstrate the rational result to him.It is not easy that concept of procedural justice rising from3I,,western world feels like developing in china. Because china takes great attention to substantive law and looks down upon procedural law all through the ages. It is the basic characteristic of chinese legal family that all kind of law are united , civil law is despised and criminal law is treasured ,and the position of procedural law is very low.Though developing of market economics might change an traditional idea of treasuring criminal law and despising civil law in a considerable degree in our country, it does not change present situation of treasuring substantive law and despising procedural law.For a long time, Judicial system and authority on legal theory insist on procedural instrumentlism Reflected on the criminal process, it always manifestes that judicial organs used to neglect procedure in order to find out truth. This kind of phenomenon violates fundamental goal of criminal procedure of protecting human rights. Therefore, it is of great urgency that criminal procedure be reformed. How to embody and complete requirement of procedural justice in specific design of criminal procedure? In order to transform theory accepted by all kinds of people into legal norms, we should research norms in present criminal procedural law different from procedural justice and study how to guarantee justice of criminal procedure in a low degree through reformation. Relative universality that theory and idea hold do not mean the universality of design of criminal procedure. Whether criminal procedure adopts what kind of model or concrete design adopts what kinds of norms, procedural just ice should be an important appraisal standard.