Concerning The Procedural Justice And Substantive Justice Simultaneously

Our country has the legal tradition of crime controlling, legislative and judicial all exist the problem of "heavy entity, light procedure", this is also the oretical research focus in our country. But Chinese judicial reform can't party doctrine to solve the problem of light procedure , it must consider lawsuit pattern of legal culture behind the development process. If not according with Chinese legal culture and social practical legal transplant, soil disaffected will inevitably cause.In theory, the parties socialist adversary system litigation lay particular stress on, continental law of procedure justice powers of socialist litigation lay the substantive justice on. But in fact, in the current society, the parties socialist countries constantly amend due process rules excessive applicable by establishing harmless error correction ,to avoid indulgence criminals; Authority socialist countries also continuously strengthen legislative procedure in judicial reform, to limited public power strengthen human rights protection. All the main trend of judicial reform is , all countries has stressing different program value according to the judicial tradition, tends to give consideration to both justice and procedural justice. The author, in order to compare the two litigation mode for the rules of procedure of attitude ,intuoducing the concept and reflecting of the procedure justice and the substantive justice,which be prodded the concet of the proper procedure rules and harmless procedural rules.The article content is divided into four parts, makes the following arrangement:The first part,outlines the concept due procedure rules and harmless error rule. This chapter lead to procedure justice through the proper procedure rules, lead to substantive justice through harmless errors rules, and points out that harmless error rule be the amending of proper procedure rules excessively using, in order to achieve the substantive justice based on protecting human rights. The second part, introduces changes and reason of procedural rule's in the major countries of two important legal systems . Through this chapter's introduction of Egland, America,French and German,these countries conyantly amend procedural rules according different legal tradition and social reality. All the main trend of judicial reform is , all countries has stressing different program value according to the judicial tradition, tends to give consideration to both justice and procedural justice.The third part , analyz the history and current awareness of our criminal procedure. This chapter firstly analyzed Chinese traditional criminal litigation procedure consciousness the biggest characteristic is to heavy entity, light procedure, then points out that the main reason causing this tradition is the highly centralized feudal monarchy and society's "no lawsuit" ideology. Finally, in legislative, judicial, remains heavy entity light procedure problems, and theory of procedural justice, there is the tendency of backward.The fourth part, according to the rules of procedure of consciousness changes,offer suggestions on our judicial reform.First of all ,this chapter point out, the balance of procedure justice and substantive justice is adapting to social reality, our reform must follow the ledgle tradition and social reality. And then put suggestions to our country criminal litigation reform, first to establish proper procedure rules, second to enforce procedure rules by punishment rules, the third ,establish harlmless error to fit the fact of contrlling crime in our country, in order to achieve the substantive justice based on protecting human rights.