Study Of Trial Procedure Justice

The paper will focus on trial procedure justice in the criminal field. Procedure justice which has been worldwide attention is regarded as the most important symbol and the most important guarantee in modern legal society. On the procedural justice issues, scholars of every age and country have carried on the useful study and many important theoretical results have been achieved. However, since the matter of justice remains abstract and complex, the academic of all over the world still have the differences opinions to the matter of procedure justice. The research of trial procedure justice related hot topic in our country is still in argument, such as, the independent value of procedure justice in the trial justice to be at what kind of position in comparison to the entity justice, how to master the balance between the procedure justice and the entity justice in practice, and the procedure justice rule which is prescribed by the criminal procedure law of our country from the minimum standards which is prescribed by the international conventions has much difference and how to consummate it, these are all problems to be resolved. At present, revising the criminal procedure law of our country has been proposed agenda again. Thus, it is obviously necessary to study on trial procedure justice. The main ideas of this paper can be summarized as follows:First, the paper discussed the basic concepts of procedure justice. Justice which is a common question, can be grasped the concept from many aspects but is difficult to be defined, and it should be contains the basic meaning of freedom and equality; Justice is subjective and abstract, but it has objective standard. Justice is the life, the core value and the essence requests of the law. Trial justice should include the trial entity justice and trial procedure justice, the two are unified. There are the phenomenon of emphasizing on the entity and despising the procedure in our country, but we must ensure the procedure justice in modern legal society. Therefore, it is vital significance to study trial procedure justice in our country. Although it is difficult to propose a generally justice ideals which can be applied for all times and social, based on the humanity common psychological needs as well as the basic sense of justice, the minimum standards of Procedure Justice which is generally applicable to all modern civilized society can be found.Secondly, the paper discusses the theory of trial procedure justice. In modern legal society, lawsuit activities pursue the goals which are the procedure justice and the entity justice. However, there is another difficult choice between the two conflicts. How to coordinate the conflict between these two, the opinion of procedure justice priorities and the procedure justice should be balanced with entity justice is proposed in law circle. Pays equal attention to the view to have the scientific nature; we can master the relations between the procedure justice and entity justice from three aspects. In view of the phenomenon of emphasizing on the entity and despising the procedure in our country's legal tradition for a long time, this paper which will focus on the procedure justice, it is by no means of the procedure justice is more important. The procedure justice value has been analyzed by introducing contemporary procedure value theory. The procedure justice value can be divided into the external value and the intrinsic value. The procedure instrumentalism only observed the procedure external value, but the procedure itself has intrinsic superior quality, it should be the goal to trial procedure, not only the means. Procedural justice must be located in the goal which the Procedure to be achieved in order to guarantee judicial activities to achieve the unity of procedural justice and entity justice.Third, the paper describes the international standard of trial procedure justice rule. The formation of international standard of trial procedure justice is the internationalization process of the Common Law System procedure justice rule. While the Common Law System procedure justice idea moves toward the world, the combination of the two law systems has become the new characteristic of the criminal judiciary of international; to control crime and to guarantee human rights becomes the goal of criminal prosecution legislation in many countries. International standards for trial procedure justice is established by a series of international legal documents, the 14th stipulation of "International Covenant on Civil and Political Rights" is the most concrete and complete, this stipulation's which stipulate fair trial right constitute the minimal international standards for trial procedure justice.Finally, some existent questions and some suggestions are presented for trial procedure justice rule in our country. The trial procedure justice rule of our country is not as high as the provisions of the related international conventions; It should be improved by the following aspects:provides the independence principle of trial, stipulate that the courthouse must obey the law; Reforms the internal systems of the courthouse, to achieve the independence of judges; Reforms the relationship among The People's Courts, the People's Procuratorates and the Public Security Organs, to guarantees the court neutrality; Expands the accused person rights, to limit the public prosecutor authority, realizes the equality between the prosecution and the defense; Entrusts with the accused person to enjoy the right of "is not forced the right establishment to be established from card its crime"; Establishes the presumption of innocence; Consummates the defense system, entrusts with the accused person and the lawyer forces the evidence collection power, safeguards the accused person with the right of being accepted; Perfects witnesses system, and stipulates that witness must appear in court,perfects the system of witness protection and witness compensation system.