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On The Procedural Justice

Posted on:2009-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:W G LiuFull Text:PDF
GTID:2166360242985367Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The law is realized by the result of the law and the procedure to produce it. Commonly, though result and produce have different value,procedure isn't subject to result,it has independent value of itself,but totally they are harmonious and uniform. Namely,fairly procedure can produce legal result. But sometimes conflict exists between them,namely,illegal procedure can produce correct result too. In recent years,the academy criticized some mistake as"regard entity,despise procedure",they appeal to regard independent value of procedure,but it is not enough to settle on the problem of regarding the uninstrumental value of procedure. We should design jury route of realizing procedural justice,so as to procedural justice could be come out. Based on it,the paper plans to ascend development history of procedural justice through expatiating basic problems of procedural justice,seek idea safeguard of realizing procedural justice and search system safeguard of realizing it as to Chinese situation,furthermore,perfect socialistic law system which has Chinese characteristics. The core of the whole paper is investigating the problem about achieving the procedural justice. In order to achieve the procedural justice,we should search the new method,establish the thinking methodology and system methodology,make the procedural justice affect our society step by step,and become the spirit of the China law in the end.
Keywords/Search Tags:Procedure, Justice, Procedural justice, Ideological guarantee, Institutional guarantee
PDF Full Text Request
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