Humanism Of Procedural Justice And Substantive Justice From The Perspective Of Law

At present in China's criminal justice practitioners adhering to the "late justice is injustice, "the motto, of course, the real physical CD of traditional Chinese theory of reflection, which embodies the progress of our criminal justice. However, with respect for the program to the extreme level, there has been a lot of problems, such as the sharp increase in the cost of justice, making the program into a rigid. From the philosophical point of view of Code of Criminal Procedure is the process of political parties and the relationship between entities, such as dealing with the real issue, which is the eternal topic of the Criminal Procedure Law Philosophy. If from the perspective of jurisprudence, in fact, rigid rule of law society will be difficult to imagine a disaster, because it is the law of large value - the game between order and efficiency. Because it is large value of the law - the game between order and efficiency. Although we recognize that the two can not be neglected, but what is the relationship between any natural is a benevolent see benevolence and the wise see wisdom of the problem. I believe that the reason for causing the above problem is resolved because we previously proposed relationship between procedural justice and substantive justice, the solution is metaphysical, not standing on a higher, more scientific analysis of the problem stand up, this result Of course, is not possible to present the relationship between satisfying theory. This is to change the traditional method of studying the issue, from the "people" perspective, to solve all the problems of people as the starting point and destination, which is also building a harmonious society and the rule of law in our society must stand Because in our philosophy of law field of a little people-oriented legal concept (one of the legal concept of man-made doctrine of law, etc.) This is the draw of these theories, research results, the use of some of its basic principles and derived the principle put forward their view that relatively more reasonable procedures The relationship between justice and substantive justice theory.