Criminal Proceedings Theory Of Justice

Justice is the core value of the legal. Around the argument of "justice",the Sage has intepreted and analysed it for thousands of years. According to the traditional viewpoint, justice can be divided into the substantive justice and procedural justice. In the context of China's current laws, getting rid of the history of misconduct traditional of "heavy entity, light procedure",pepole has gradually realized that the procedure has the intrinsic value which is independent from the entity.When pepole begin to evaluate the legal procedures,the just and the unjust is the direct judgment. Through the justice procedures to handle cases is also a ideal vision in the process of the proceedings. Since the ancient time, the scholars has studied and analyzed the theme in depth, and most inclined to explore and cross-examine the justice procedures'connotation and characteristics. Although scholars always try to pursue good justice procedures, as procedural justice,the procedural injustice exist in our visual field, exist in judicial practice. We always can't get rid of the trouble of procedural injustice, we also may get into trouble in the application even though it is a justice procedure even if it is a justice procedure. It is obvious in the riminal procedure field. Especially in China's current local legal context,the theory "procedure justice" and the concept "procedure prior rights" which are transplanted from the west could be rooting and sprouting in our country's legal soil,which will undergo a long time. "Attention entity, despise procedure" has long restrained our legal tradition and legal thought,and the influence remains relatively intense today.Both criminal procedural injustice and procedural justice are existing legal phenomena,and in judicial practice fields they embody in a kind of symbiotic relationship. Domestic and overseas scholars give procedure justice too much preference, but pay less attention on procedural justice. During the transition of rule of men to rule of law,we borrowed ideas from the two main legal systems'modern criminal justice idea,but some bad phenomenons that were against criminal procedure legislation and justice had appeared in native land environment. They were embodiments of criminal procedural injustice. Therefore,analysing and researching these phenomenons in depth will have important significance to perfect our country's criminal procedure. The article is divided into four parts:the first part is the substance of procedural injustice. This part mainly elaborates the relations between procedure and justice and unjustice, justicial procedure and procedure justice,unjust procedure and procedure injustice,and then it analyses and expouds the concept and the features of procedural justice. After that,it analyses the concept and the features of procedure injustice. At the last,it gives the standard of judging procedure injustice. The second part is the presentations of procedure injustice. Procedure injustice is embodied in legislation and judicial justice. In legislation,the presentations of procedure injustice are legislative bias and oversight,and in judicial process.it includes improper application of reasonable legal procedures, universal relevance of vicious legal procedures.the application of vicious unspoken rules. The third part is the consequences of procedure injustice. It includes legal consequences and social consequences. Legal consequences of procedure injustice includes leading to miscarriage of justice,indulging judicatory corruption.wasting of judicial resource and increasing litigation costs, and the parties maliciously cope with criminal procedure. For social consequences of procedure injustice.it includes wearing off judicial authority,initiating social conflict and social contradictions. The fourth part is correcting procedure injustice. For procedure injustice.we should correct it in notion and practice. For notion,we should establish proper procedures concept and for practice,we should perfect procedure operation norms and ensure justice of procedure of the subject and punish the breach of procedural law.