Reconsideration Of Procedure Justice

Procedure Justice is an important theory and viewpoint in Procedure Law. It emphasizes the justification and rationality in procedure. This paper considered the issues and phenomena that is difficult for traditional legal theories to set foot in, made a deep analysis and discussion to Procedure Justice by means of"Law and literature"so as to find out some important problems that are usually ignored.In chapter 1 methodology view of this paper is specified by explaining the pluralism of Law methodology, introducing"Law and Literature"movement and demonstrating the feasibility of"Law and Literature"as a research method.In chapter 2 traditional theories of Procedure Justice including the concept of procedure justice, history evolution, main contents and unique values is reviewed for further discussions,In chapter 3 the literary visualization of procedure justice is first presented by introducing Goddess of justice. Then the entitative complex in legal culture and its impact on procedure justice is revealed through analyzing examples of Chinese classical literature and contemporary literature. A new concept: Latent Rules is introduced and the relation between latent rules and procedure justice is also discussed in the context of Bureaucratic Fictions. The reason, situation and approach for Procedure Justice alienation are suggested and illustrate at the end of this part. A larger number of typical and famous literary works are quoted as examples including The Great Judge, National Prosecution, The Pupils, Tian Long Ba Bu, The Justice and the like.Conclusions are summed up based on the analysis in former discussions. Predicaments of Procedure Justice are generalized as context paradox, existent paradox and development paradox. The innovations of this paper include the following 3 aspects: Demonstrating"Law and literature"as an efficient approach from nomological dimension, Making a dynamic mastery over procedure justice in practice by"Law and literature"approach and enriching the perspectives of procedure justice.