Procedure Justice And Its Realization In Our Country

The centuries's long pursuit of justice by human beings affirms justice as the basic value of law. In terms of law,there are two kinds of justice:entity justice and procedure justice. Entity justice finds its expression in entity law and is embodied in judicial conclusion;in contrast,the law value of procedure justice is not directly related to judicial conclusion but presents itself hi the design and judicial course of law procedure,taking the specific,concrete,and operationable procedure norm as its carrier. It belongs to "course justice'Mn traditional Chinese culture there is no procedure justice as a valuecategory. However,this does not mean that we do not want justice. Fora long time,the justice we have been concerned with is "result justice",expressed in legislative and judicial fields as "appreciation of entity law and Depreciation of procedure law". Such mentality and practice has caused serious problems in our law system and grievously affected the justice of law. Therefore,it is necessary to review the relationship between procedure law and entity law,so as to establish the concept of procedure justice and acknowledge the independent value of procedure law,which can further serve as a value guide for law reform to prevent consequential injustice caused by an unjust procedure. This essay endeavours,in regard to civil procedure justice,to explore the content and independent value of procedure law as well as its realisation in China.As the discussion goes deeper,the essay inevitably involves problems in criminal procedure justice.