On Procedure Justice

When Adam and Eve were punished for stealing the forbidden fruit, God allowed them to "hear" and defend. It may be the first manifestation of the romantic form of due process. We can see that mankind mention romantic myth story in the Garden of Eden, but also placed the spirit of the ideals and aspirations of justice procedures. Therefore, seeking the true meaning and the spirit kernel of procedure justice from the long history of human social development ,should start from"natural justice"of the ancient Roman law, discovering that no matter mainstream western law philosophers or ideologists, their understanding toward procedure justice are closer to human itself, that procedure justice is the necessary condition for social existence. "Natural justice" as important procedural rules is that "people can not judge on their own proceedings." Western philosophy believe that justice is not based on altruism, the love of noble moral, but on personal interests and the existence of this reality altruistic. Looking back on the Chinese philosophy that "when man is first born, their characters are well", it shows that"law"is not the highest authority in the Chinese value system, and it must obtain the coordination with another basic value "filial piety". Justice as the perpetual quest for the moral has altruism, love and noble moral foundation. In fact, a complete individual contradiction settlement mechanism does not fundamentally require external law control.When China apply the value of procedure to maintenance power, especially use the fussy procedure in the executive and managerial area instead of protection of right, the western have given revolutionary expatiation and practice of law on procedure justice. From the equality, liberty, security of legal value starting, those who are the commentators of tools, outcome-oriented, procedural-oriented and unity value of the procedure have just conducted reasonable value exposition. Rawls, American philosopher, for the two most insightful principles of justice produce breaches single standard of ultimate value to a certain extent. In more serious view, we can find generally acceptable minimum standards for guidance of theory and practice of procedures justice. Therefore we have to set up a principle of procedure first, rediscovering the realistic value of the procedure justice in our own judicative fulfillment, by reconstructing the system of procedure justice. We can build up the triangle litigation structure appearance of the balance, remove the administrative judgment operation, persist in the close experience of the judicatory, change the function of judgment committee, and keep full court the judge independence to the case. And build up a witness to"appear at court" to the testify system, and abolish rejudging which is disadvantage to the accused, set up the rejudging system which is advantage to the accused. To criminal proceedings, for example, we must make the most courageous review on structural contradictions and systemic deficiencies. A procedural law must be made to relief the rights violated. Lastly, through building up the procedural sanction system and changing procedural anti-law invalidation of the past, we can use the appealable procedure system to save rights, and return to the logical starting point of law—rights.