Enactted Due Judicial Processes By China's Legislature

Justice is considered to be the foundation of the entire modern human society. One of the critical steps to guarantee justice is to place limitations on laws and legal proceedings in order to guarantee fundamental fairness, justice, and liberty. In western countries like the United States and the Great Britain, this limitation is called Due Process of Law. In some other countries like Canada and New Zealand, this limitation is also known as Fundamental Justice. Unlike the Jurisdiction System in most western countries, Judges in China make judgment strictly by a court of law. Thus it is even more important for countries like China to assure the Fundamental Justice.The traditional way to improve Fundamental Justice in China is to improve court accountability and restructure law enforcement organizations. However, these methods all missed the most important factor of guarantee Fundamental Justice, which is legislation. This article first reviews China's justice system. The author, standing from the point of a legislator, discovers many critical problems among current justice system, and comes to a conclusion of the importance and necessarily of using legislation to guarantee Fundamental Justice. The second part of this article uses many evidences to prove the major obstacle to the legislation for Fundamental Justice, which is the incomplete administrative and legislation system. The last part of this article comes to the conclusion that the only way to guarantee Fundamental Justice is through legislation. This part also gives suggestions in issues like legislator educating, professional legislator program, improving legislation process, etc.