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Comments On Indemnity Of Judicial Justice Procedures

Posted on:2005-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:C Y ZhangFull Text:PDF
GTID:2156360152456868Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Judicial justice has the meaning of entity justice and procedure justice. Entity justice refers to court decisions' accurate reflection of situations of legal cases and its correctness by laws. Procedure justice refers that during the process of whole jurisdiction, the conflict subject of party concerned should be treated in a just way, and conflict subject should be safeguarded to express one's own wishes, assertions, requests and actions. The above two aspects are dialectically unitary. In practical jurisdiction, complete judicial justice is indispensable, but procedure justice is even more significantly important. The first section of the essay deals with significance of judicial entity justice and its characteristic of uncertainty. Entity justice avails for the legal rights of protecting party concerned, it helps to strengthen the trust of party concerned towards lawsuit, it helps to restrain and prevent violation of actions, helps to abide by state law regulations and crack down the action of violating rights, protecting rights is the ultimate objective of entity justice; however, due to its own reason of entity justice, there is obvious uncertainty from the uncertainty and plasticity in legal case facts; the uncertainty applied in law, uncertainty of laws and judge's free will, these factors lead to the result that in entity justice it is difficult to realize stabilization and accuracy and then it is even more difficult to realize judicial justice in a real sense. The second section emphasizes on development courses of judicial procedures justice theory and its uncertainty. Procedures justice is from the justice view of the famous ideologist Plato in ancient Greece; in recent history, this theory is usually expressed as "Just Law Procedures" or just procedures. After World War II, with the gradual establishment of "Just Procedures" by human rights protection movement in countries all over the world, although the contents of "Just Procedures" law system are not always the same between the countries of England America France and continental countries, the contents of protecting legal rights of party concerned and objectives and purposes of limiting judicial abuse are the same. In contrast with entity justice, the meaning of procedures justice is obviously uncertain, that is because of its property of self-government, formal property, rigidity and stable property. This makes judicial justice to have the operational foundation and indemnity. The third section of the essay analyses the conditions of realizing judicial justice. Judicial justice depends on many factors, which includes neutrality of judicial subject, the legal requests of party concerned and equal respect for suggestions, the accurate reflection of legal cases and the accuracy of laws application and etc, where it includes independency of judicial system, subjective of judge's personality and individual's character and self-cultivation, meanwhile, only by protecting free rights of party concerned, by avoiding and limiting defendant' discrimination, the judicial justice can be conducted normally; of course in judgment course of cases, scientifically effective judging methods and accurate use of laws, the complete justice can be fully realized, which is closely related to technological condition of laws, qualities of judges and environment of social law system. The fourth section of the essay emphasizes the value and function of procedures just priority. In judicial justice, procedure justice is even more significantly important. The theory of procedures priority is not only reflected in judicial course, but also reflected in various aspects of social life, in countries ruled by law, procedure law has rigidity which must be strictly abided by, entity justice in violation of procedure law is not acceptable, it is unjust in the essence. Adhering to procedures priority can be a proper foundation for uncertain entity justice, in the situation where entity justice can not be explained, by entity facts caused by just procedures,...
Keywords/Search Tags:Procedures
PDF Full Text Request
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