On The Balance Between Formal Justice And Substantive Justice In Judicial Trial

Progress along with the development of the social life, constantly emerge somenew hard case, these cases are lawmakers in the legislation of the unforeseen, thedevelop law must has its drawbacks. So the judge in the judicial process could not be inaccordance with the situation may arise, or laws, but in this ruling will lead to theessence of the case injustice. The form justice and substance justice in the judicialconflicts reflected, rawls thought form prior to the substantial justice, posner, pay moreattention to the realization of substantial justice, scholars in our country have alsostudied. I think that the court was set up in order to a more just and reasonable to solvedispute case, better protect human rights through judicial trial, the realization of fairnessand justice. Therefore, this article will from the form justice and substance justicetheory discussion, draw lessons from other countries experience form justice andsubstance justice balance and proposes Suggestions to construct the judicial system inChina, hope to help ease the imbalances in the judicial status quo.