To Read Rawls' Theory Of Procedure Justice From Theory Of Law

Fair and justice is the core and also the basis of Rawls'theory."The idea of fair and justice is the development of the idea of nature and justice",and natural law satisfies the need of the development of society better when it strides from helplessness which is natural justice or god justice to help which is social justice or fair justice and from center of person to society. It is no doubt that the reasonable idea of Rawls'theory of justice is a need for the construction of rule of law in our China. Procedure justice which is the main idea of his theory helps solve some problems of Chinese law system and culture. To read procedure justice from Rawls'legal principle of fairness and justice not only gives procedure justice more humanity glory, but also observes law from humanity in the merge of human and law; Laws regard human as their body, laws do not break away from life world of human but serve and care for human and are guarantee of clearance of the life meaning of human and the order premise of human living in the world. It seems that Rawls'theory of justice is set up especially for procedure. He thinks that fair legal order is a basic rule, the rule of law is decided by fair procedure of some form, and fair procedure is shown by procedure.This thesis tries its hard to explain an important rule of Rawls'theory of procedure justice in Chinese procedure structure from the angle of existence, to explain Rawls'theory of procedure justice from history, reality and times. To read Rawls'theory of procedure justice can find a starting point for present procedure construction of China and efficient way for carrying out of procedure, which can fasten the process of procedure justice and construction of rule of law in our China.