The Study About Substantive Justice And Procedural Justice Of The Dialectical Unity

Because of the influences of many aspects, the tendency that substantive law is more important than procedural law exists in law thinking in China. With the course of judicial structure innovation in recent years, the relationship between substantive justice and procedural justice is an important academic problem in law circle. With social conflict resolved by judicial procedure, the relationship between substantive justice and procedural justice becomes social practice problem focused by society from academic problem in law circle. People realize the independent value of procedural law, and start to show the value of procedural law in many aspects like legislation, justice and executive enforcement. But, the problem that how to orient the relationship between substantive justice and procedural justice hasn't been resolved excellently the idea that substantive law is more important than procedural law still exists in academic circle and practical circle, even some scholar brought forward to copy western procedural justice system, to aggrandize the value of procedural justice, and advance the theory of procedure standard. Based the national conditions in China, the paper analyze the procreant root of idea that substantive law is more important than procedural law and the disadvantage of the idea to law construction in China, on the other hand ,the paper analyze the idea of procedure standard doesn't fit China's law status. Then, the paper finds the way to resolve the conflict between substantive justice and procedural justice by law philosophy, thereby the foundation that how to know rightly the relationship between substantive justice and procedural justice is settled up in theory.The paper is divided by five parts:First, introduction.Second, after talking about the connotation of justice, the paper analyzes the class of justice and the connotation of substantive justice and procedural justice; thereby the good foundation is settled for analyzing the relationship between substantive justice and procedural justice.Third, the paper analyzes the position of relationship between substantive justice and procedural justice in society in China, and emphatically analyzes the cause and harm of the idea that substantive law is more important than procedural law in traditional laws. From another perspective, the paper analyzes the idea of procedural justice standard doesn't fit national conditions in China and it's harm, then the obstacle of confirming to the dialectical and unification relationship between substantive justice and procedural justice is cleared.Four, the paper introduces the dialectical and unification philosophical theory and the opposable and unification relationship between substantive justice and procedural justice, and emphatically analyzes realistic foundations to economy political and law of realizing the dialectical and unification relationship\ between substantive justice and procedural justice.Last, based on analyzing the dialectical and unification relationship of the two justices, the paper brings forward that how to harmonize and unify the conflict of the two justices in reality, and founds three ways to resolve the conflict.