On The Responsibility Of Legal Procedure

The legal procedural responsibility was put forward in the background as "procedural justice" was popularizing and thriving. The so-called legal procedural responsibility is the procedural risk or the unfavorable aftermath that the subject of the legal relations of the procedure should undertake legally for his abuse of legal rights or breach of legal obligation. This article applies defining, analytic and dialectical reasoning, value judging and some other research methods to analyze and conclude present legal rules of procedures. It is attempted to discuss some basic issues about the legal procedural responsibility theoretically, such as its definition, significance, characteristics and classification. Moreover, this article analyzes the rules of the existing legal procedural responsibilities in our country according to its mentioned theories, points out its weak points and gives some suggestions to improve it at the same time. This article consists of five parts.Part 1: The academic background of researches of legal procedural responsibility is introduced in the introduction, that is, the popularity and prosperity of "legal justice" . While the development of "legal justice " in western countries is being introduced, various opinions by scholars of our country about " legal justice " are presented. Besides, the situation, value, range, and methods of the research of the legal procedural responsibility are elaborated in this part.Part 2: Started from procedures, this part anahzes the concept, essential elements and characteristics of the legal procedure and the law of procedures respectively, so as to make a theoretical prerequisite for presenting the legal procedural responsibility.Part 3: On the basis of the analysis of Part 2, responsibility and legal responsibility are studied, so as to put forward the concept of legal procedural responsibility. Some fundamental issues abort legal proceduralresponsibility are discussed in this part, such as its definition, nature, subject, classification, responsibility forms and constitution, and judging principles. At the same time, some special viewpoints about legal procedural obligation are presented, so as to form a relatively complete theoretical frame of legal procedural responsibility.Part 4: The present condition of the legal procedural responsibility in our country is analyzed in this part. Its weak points and some suggestions to improve it are also put forward, too.Part 5: Conclusion.