Bayles Procedural Justice Theory To Explore

Michael D.Bayles is a professor at the Philosophy Department of Florida State University in the United States, a well-known scholar in the philosophy of law. Through the procedure theory with a general summary of the opinion in common law countries since 1960, from a broader perspective of theoretical thinking, Bayles puts forward a system of procedural justice theory. In accordance with the views of Galligan, a scholar of United Kingdom , it is through the efforts of Bayles, a jurisprudence plays an important role in the comprehensive program to develop the theory; Bayles contribution in this regard can be placed on a part with Bentham.It is through the efforts of Bayles, Anglo-American scholars proposed a variety of procedural justice theory to first appear compatible at the same theoretical system since 1960, which of these theories or doctrines in the field of Law are not irreconcilable. The research results of Bayles show that: in any theory of paranoia in the end only found at a point or argument on the truth, and is absolutely no need to exclude others from a different point of view of the demonstration; different schools of thought doctrine are not absolute or even water and fire incompatible, and can be mutually reinforcing.Bayles introduces a comprehensive theory of justice in procedures of Anglo-American country, a strong impetus to the different cultures in the context of legal exchanges, and for understanding the legal proceedings the validity of the general principles of stimulating, enriching people's proceedings recognize the social significance of the rule of law meaningful development.The article can be on the basis of the collection of information of Bayles on legal theory, the modern process of reform as an opportunity, the procedural value as the breakthrough point, the background of the theory of procedural justice in the history of the development process for clues to the past 20 years since the Anglo-American procedural justice theory, the point of view of jurisprudence, adopt of semantics, values, history, comparative research methods, has a perspective research on the Bayles theory of procedural justice, and explores the idea of Western concepts of procedural justice, so as to present the process of our country the rule of law appears to provide solutions to some problems with a view to achieving Chinese society in order of the objectives of the rule of law. The full text has about 36,000 words. Apart from the introduction and conclusion, the total is divided into four parts:Introduction Part: Introduction of the main topics of the origin of this article, as well as the meaning of reality under the conditions of our country. At the same time, provides an overview of the literature Bayles books, as well as the theory of procedural justice research. Finally this article can use several research methods in a simple overview of the process of writing.PartⅠ: Bayles Procedural Justice Theory of the basic idea. Bayles explains in this section focus on procedural justice theory to the context of the formation of the idea. First of all introduce the Western development of the theory of procedural justice evolution theory as Bayles origin of the formation of the original idea; and then discusses procedural justice since 1960 highlight the growing differences, the program increasingly fierce struggle for justice. For the research schools, it is required from different angles and a higher level of theoretical integration. Theory of procedural justice of Bayles comes into being in the context of this.PartⅡ: Bayles Procedural Justice Theory of the inner constitution. This section focuses on the idea of combing and grasps its idea to show the full sequence of construction, in its general theory of procedural justice system.The analysis of procedural justice theory is based of the opinion at the countries of Britain and the United States since 1960. For Posner's economic cost of the theory, for the cost of Dworkin's moral theory, Bayles does not object to holding a simple or a critical attitude, and its limitations in the analysis under the premise of creative elements will be one of reasonably absorbed into a general theory of procedural justice system. As for Summers, Matthew demonstrated the independent value of the procedure, nor is it in general terms to express support or favor, but should be based on the development of insights and deepened. Bayles in building their own procedures for the general theoretical system just prior to its theoretical system of the basic premise of procedural justice applicable to the specific context of a restrictive definition, does not contain all of the procedural justice context. In this condition, appearing for the perspective of the principles of Anglo-American tradition of the procedure were analyzed, Bayles summers up the non-biased, has been hearing the opportunity to provide a decision based on the four forms of justice, the principle of procedural justice, and argumentation theory the value of a process problem, the evaluation procedures proposed just three values: the economic cost criteria, cost and moral standards, the intrinsic value of standards, the final procedural justice summed up the scope of application, that is, their application of the so-called procedural justice when the five elements should be considered. Bayles these elements are inherent in the theory of procedural justice component of the correlation between them with each other and jointly form a relatively complete map of the procedural justice system.PartⅢ: Bayles Procedural Justice Theory of the scope of application. The focus of this section Bayles explained the original idea of the scope of application of procedural justice problem, which is usually referred to the legal limit—when should the law be requested to obey the principle of procedural justice?The analysis of procedure which is proposed based on non-biased at the principles of Anglo-American tradition of summing up, has been hearing the opportunity to provide a decision based on just the form of the principle of procedural justice and procedural justice, the economic costs and moral costs and the intrinsic value of the evaluation criteria related to procedural justice, such as theory, not the procedures apply to all, and do not have general and universal. At least in some cases, the application of procedural justice is the only moral.The requirement of the program for the injustice is not required on the grant of legal sanctions. Bayles does not even though a specific application to determine the rules of procedural justice, but Britain and the United States, through the analysis of the relevant court case, summed up the application of procedural justice should be considered when the five elements, that is to determine. Whether people should apply the requirements of procedural justice, we must take into account these five elements. Bayles thinks that the procedure should be applicable to the first factor to consider is whether the acts in question belong to the scope of government action. Bayles considers that the application of the procedure should be considered by the second factor is done to determine whether or not there is adverse impact on benefits. Bayles considers that the application of procedural justice should be considered as the third factor is the process involved in the importance of whether the benefits. Bayles considers that the application of procedural justice should be considered by the fourth factor is the decision made whether the use of standard differences. Bayles proposes that the application of procedural justice should be considered as the last of the elements is whether the benefits of the alternative protective measures.PartⅣ: Bayles Procedural Justice Theory of rational reflection. This section focuses on the value and contribution to thought from defects in both positive and negative view of the procedural justice theory and gives our country the rule of law brought about by construction of referential significance.Bayles Procedural Justice Theory, which is the opinion concluded that the theory of procedural justice, can be called Encyclopedia. However, this does not explain the procedural justice of Bayles is perfect because of its more obvious with the idea of integrated features, it also restricts the depth of the excavation of their thought, as well as the theoretical system of thought complete.Bayles Procedural Justice on the interpretation of thought, analysis and reflection, of course, has important theoretical value, but more important is the concern for the reality of its value. Bayles theoretical point of view some of the idea of being committed to the rule of law society of the contemporary construction of Chinese society is of great practical importance, mainly in three areas: the procedure at the significance of values; at the hearing level, the significance of judicial practice; in the application of procedural justice significance. Because of this, we should not only go a reality in China which should not abandon the procedure not become the absolute supremacy of the road to integration.Conclusion Part: The full text of some of the major content of the summary of key points, with a view to the overall Bayles on a theory of procedural justice.It should be noted that the procedural justice of Bayles thought, for the rule of law for the construction of our country, provides a useful reference and consider the possible direction. However, because of bis theory still exist in all kinds of shortcomings and deficiencies in others with a list of traces of opinion and ideas, the lack of theoretical depth and practical operability. Therefore, his ideas and opinion, we should be actively mining, absorbing the essence of director choice, abandoning its shortcomings. Chinese rule of law, based on the current construction of the great practice, should be absorbed and used effectively in order to advance the pace of the rule of law in our country.