Font Size: a A A

The Procedural Justice And Procedural Guarantee In Civil Evidence Law

Posted on:2008-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:2166360242978900Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the development of judicial reform, the law theory and system abroad have been recognized by us, and provide us much experience. Under the guide of"procedural justice", the civil evidence law has been more and more perfect. But at the same time, we must realize that we are in the trouble, there are also many problems on the way to procedural justice. In order to change the current situation, we have to dedicate to modify the system designing. The paper centralizes on the parties'participation in procedure. Besides foreword and epilogue, there are four chapters in the paper:Chapter One: The new recognition about"procedural justice". After introducing the traditional view of the"procedural justice", the penman brings forward that the"procedural justice"includes two aspects: tool values and inner values. The"procedural justice"is a concept including"substantial justice". Furthermore, the system designing has to pay attention to the rules about procedural guarantee. So and so only, we have the hope to realize the"procedural justice".Chapter Two: The analysis on"procedural justice"in civil evidence law. This part centralizes on the civil evidence law about parties'participation in procedure, affirms that the system designing really achieves success in procedural justice. But there are also a lot of limitations. The limitations mainly incarnate in bellows: first, the substantial justice is sacrificed without reason; second, because of the deletion of the procedural guarantee, the parties actually can't bring into play effectively.Chapter Three: The authority of the judge——the barrier of procedural justice. The proper authority of the judge is necessary to procedural justice. We must understand the authority of the judge rationally. In addition, we have to strengthen the judge's duty in procedural guarantee.Chapter Four: Rebuild the system——the outlet of procedural justice. This part concentrates on the countermeasure to realize the procedural justice in civil evidence law. We have to get gone with two aspects: first, recognition the concept"procedural justice"deep, understand the tool values of the procedural justice. Alter the existing rules and realize the pursue of substantial justice; second, perfect the procedural guarantee, so that the parties'rights, such as quote and cross-examination, can come true. So and only so, we can realize the procedural justice in deed.The innovation of the paper: Analyze the"procedural justice"through an unusual angle of view and use it as a frame of reference to the civil evidence law. Bring forward suggestion to fulfill the procedural justice.
Keywords/Search Tags:procedural justice, procedural participation, procedural guarantee
PDF Full Text Request
Related items