Commenting On The Characteristics Of The Legal Procedural Right And Amelioration Of The Legislation

The legal procedural right was put forward in the background as " procedural justice" was popularizing and thriving. The so-called legal procedural right means citizen can take the due freedom setted by national law in behavior for carrying out and protecting his due property and personal right. 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 right theoretically, such as its definition, characteristics and differentiate and analyze with correlative concepts. Moreover, this article analyzes the rules of the existing legal procedural rights in our country according to its mentioned theories, points out the obstacle of idea and the predicaments in system which block the realization of the legal procedural right and gives some suggestions to improve it at the same time.This article consists of five parts: The first part is the introduction where the academic and practical background of the research of the legal procedural right is introduced. Besides, the situation, value, range and methods of the research of the legal procedural right are elaborated in this part. The second part analyzes the characteristics of the legal procedural right from the view of the differentiation between substantial right and procedural right, which embody four aspects: the valuable characteristic, the essential characteristic, the characteristic incarnated in the running and the characteristic of the metewand. The third part puts forward some special viewpoints about the obstacle of idea and the predicaments in system which block the general realization of the procedural right in the procedural law in our country, and all above form the theoretical preconditions of the amelioration of the legislation on the procedural right. The fourth part...