On The Legal Relationship Of The Procedure

The legal relationship of the procedure is put forward under the background of the rising and spreading of the theory of due process of law, which is a basic constitutional principle as well as an important legal concept in the English and American law. The legal relationship of the procedure is of great significance in the due process of law. It is the legal model of procedure justice that realizes justice in the due process of law. Since the justice and criterion of legal procedures is essential to protect the civil liberties and fulfill constitutionality,while the legal relationship of the procedure is an important basis to build scientific, rational and reasonable legal procedures, the procedures are operational and justice are real.After examining the origin and the development of the existing theories of legal relationship by applying a historical and comparative analysis, we find that the existing theories of legal relationship is mainly about the entities, to be in detail, the legal relationship between entities. However, the relationship described in this thesis is about procedures and cannot be perfectly interpreted by the existing theories of legal relationship, though the rights and obligation of participants are legal. In this thesis, the legal relationship of the procedure refers to the relationship between right, the relationship between power, and the relationship between power and right which formed between participants because of the adjustment of the legal procedure in some particular social activities that the legal procedure adjusts (or corresponds to). It is formal, role-drafted, result-determined, timing and spacial. Through the analysis, we hope that it will help to further study the basic theory of procedure law.