On Criminal Trial Procedure Justice

Fair trial is not only the optimal value choice of various countries' criminal justice system, but also an everlasting topic about the court trial in the human history. The issues of theory and practice involved in whether the trial is fair, and how to realize the fair trial are greatly extensive, including the backgrounds and concepts in the aspects of politics, ideology, culture and legal system. Only in the terms of theory of criminal justice, the so-called fair trial also covers the substantive justice and procedural justice. In the judicature field of China, the substantive is always valued, but the procedure is always neglected for a long time. Resolving the substantive issues is the objective pursued by the judicature field at all times. However, some important issues, such as whether the legal rights and interests of party are damaged, open and fair trial, whether the statutory trial procedure is abided by, etc., are neglected. In recent years, with the perfectness of legal system, the value of procedural justice is paid more attention gradually. If wanting to realize the judicature fairness, the substantive justice shall be ensured to be realized, and the procedural justice can safeguard the realization of substantive justice. So, the procedural justice shall be put on the most paramount position. Only the procedural justice is realized first, and then the judicature fairness can be realized subsequently. With the deepening of reform on trial form, the trial procedural justice must be improved increasingly.In this paper, the author first introduces the source and development of trial procedural justice, and then summarizes and analyzes the value orientation of trial procedural justice and the important significance of realizing the trial procedural justice. By researching and analyzing the different opinions about the standards of trial procedural justice put forward by the various scholars, the principles of legality, reasonableness, participation, openness, neutrality and equality, which shall be complied with in the trial procedural justice, are materially expounded. At the same time, the author deeply analyzes the two kinds of false opinions of "Nihilism of Procedure" and "Subordinationism of Procedure" presenting in the recognition on judicature procedure and the reasons causing them.In addition, combining with the relevant provisions in the prevailing criminal procedure law in China, the author points out the embodiment of principles of trial procedural justice in the laws of China, i.e. emphasizing the openness of trial procedure, paying attention to the neutrality of judge, safeguarding the right to defense of defendant, valuing the timeliness of trial, sticking to the principle of "All people are equal before the law", safeguarding the litigation rights of litigation participants, and establishing the principle of "No person shall be found guilty without being judged as such by a People's Court according to law", etc. Whiling performing the principles of procedural justice in criminal trial, the existing issues in the laws of China are analyzed with emphasis, i.e. the trial independence can not be truly realized, the positions of accuser and defender are not equal, the principle of direct verbal trial is not strictly implemented in court trial, the substantive review before the court trial remains being performed widely, and there are defects in the affiliated value of procedure, etc., and finally, the author purposely put forward the corresponding Countermeasures and solutions against such issues.