On The Realization Of Justice In Civil Court Proceedings

To achieve fairness and justice is to build a socialist rule of law, an important national goal, the pursuit of the legal system is not perfect all of the rule of law, the broader implications of the rule of law and justice Zaiyugongping spirit and the values Tongguo France application of implementation, The Harmfulness be realized highlight and promote. Only law enforcement to penetrate the essence of justice to implement the rule of law throughout the process so that fairness and justice become visible and tangible sense of what can truly become a socialist rule of law to attract and benefit from the great practice of the masses.This stage, the impartiality of the civil trial litigation has been more than just the outcome of the pursuit of substantive justice, also called for the proceedings of procedural fairness. And procedural justice, the achievement of social justice, resolve conflicts, to eliminate conflicts and maintain social harmony and stability, establish judicial authority, both have a more profound practical significance. Judicial practice, the ultimate judge of a case is fair, may only party that truly "obvious", then the process a case the judge whether the standards of justice, not only the parties perception, but are also public perception and attention In many cases, the identity of a program than just agree with the results of a just distribution of more intuitive and objective. The public's evaluation of whether or not justice is what the implementation of these procedures to proceed. Therefore, procedural justice is considered the "visible justice", can let the public see this "justice" depends entirely on the judges.Of the last century since the early 90s the Civil Trial Court justice reforms around the program has achieved initial success. However, with the increasing number of civil cases, trial of pressure growing, many judges the behavior unconsciously violate the procedural requirements of justice, there has been inadequate to protect rights of parties to the litigation, trial efficiency is not high, the image of the unjust judge issues led to the judicial authority is being undermined, substantial justice can not be achieved, disputes and conflicts can not be resolved and the elimination final. Article from the origin of the concept of procedural justice and development, civil trials set the value and function of procedural justice, civil trial practice for the current program against the appearance of justice, for civil judges take to achieve the six aspects of procedural justice standards, that is to maintain the neutrality of judges to ensure the equality of the parties to ensure the participation of both parties attach importance to and representations of the parties, attention to procedural openness and attention to procedures for timeliness, finality. And then specifically addressed the practice of civil judges in the trial through the exercise of power of interpretation on how to achieve procedural justice; the emphasis on "mediation first" at this stage, the judge how to deal with the relationship of mediation and ruling does not deviate from the procedural justice of the track; when procedural justice and substantive justice, procedural efficiency, the real action concept in the conflict, the face of evidence of loss of power weakened the judges the right to investigate and obtain evidence of legal conflicts with the reality of how to ensure that procedural justice? This requires the judge to understand the value of procedural justice, establishing the modern concept of justice, to grasp the standard procedure justice, timely adjustment of the trial ideas, even if the settings in the litigation itself is imperfect, the judges still be able to judge their behavior and in party in front of fairness, justice.