Font Size: a A A

Public Security Enforcement Should Comply With The Conception Of Procedural Justice

Posted on:2005-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:G B ZhangFull Text:PDF
GTID:2156360122499490Subject:Public Management
Abstract/Summary:PDF Full Text Request
Procedure justice is the target of value which is realized by legal procedure in the process of concrete practice. The procedure itself obtains the internal value which is independent from the procedure outcome . To be exact , in order to achieve its own justice , the legal procedure does not need to ask for help from other factors besides procedures , but enhances its own internal good qualities , thus it makes the whole process of making law decisions meets some "visible" standards and demands .Although for the reason of backgrounds in politics , economy , culture and history , there are various law development histories is different countries , on the whole , we cannot deny that , because of the influence of traditional culture and rigid way of thinking , for long time , we put undue emphasis on the external value of procedure , and take the procedure just as a tool to guarantee the outcome justice . With the development of the way of thinking and the system reform, more and more people come to realize that substantive justice is only relative one , and is under the limit of time , space condition and personnel quality .Besides, the main problem for judicial practice in China is not substantive unjustice but procedure one . Therefore for judicial justice , we should emphasize the principle of setting up procedure justice.The history of human beings judicial development indicates that there is no procedure justice , there is no substantive justice , Impartial and reasonal procedure nor only ensures substantive justice , but also helps protect the benefits of the parties . With the development of judicial reform and legal construction in China , no matter whether it is in substantive or theoretic field, people come to realize the harm of traditional theory "emphasizing substance and underrating procedure". They put emphasis on the value of procedure . Especially in the new condition of establishing the theory of executing according to the law and enforcing for the sake of the people , people get to clearer understanding of the value of the procedure and rethink about the problem of the formerly police persecutions . People call for setting up the enforcement theory which meets the demand of modern legal system development , relocating the position of the procedure , dealing with the relationship of procedural law and substantive law, and resetting the model of public security persecutions in China.
Keywords/Search Tags:Enforcement
PDF Full Text Request
Related items