On Covert Rules In Justice

There is a hidden“practices”which are not written to the public but acknowledgedwithin the syetem and used to solve practical problems-also be called judicial hiddenrules. This "rules in as which combined with the existing system and social and legalsystem and to compensccordance with the law" are alienated in the judicial process.Maybe they are new ruleate for the lag and insufficience of the existing legal system.And also they are “prohibited” illegal activities which inhibit judicial independence，impartiality and undermine the judicial authority.Firstly，this paper discribes the concept of the hidden rules in the judicial pracitceand lists some related domestic and foreign researchs.Then it make a interpretation fromthe spontaneous/unwritten/not constraint characteristics，also the hidden rules are lackof the reason of the law.Secondly， function of the judicial practice could be dividedinto explicit function and implicit function. A detailed analysis of the functions of theunspoken rules help us to know the unspoken rules of justice from a differentperspective， not just a one-sided of the abandoned and criticism.In the second chapter，the paper introduce and analysis the popular hidden rules combined with investigation，prosecution，trail processes.In the last part，the anthor make an initial search from theaspects of “Differentiate between the unspoken rules and to eliminate the bad rules orlegalized the promotive rules”，“Improve the system of criminal proceedings”，“Program illegal sanctions regime” and “the reforming of the judiciary system”.Themethods mentioned above are in order to use the benign unspoken rules efficiently anddiscard the ones which undermine judicial justice or lead the law to failure.Our goal isthe progressive realization of the national rule of law in the way of “Procedural justicesupports the substantive justice”.Limted to the theoretical knowledge and practical judicial lackness，the author justcould make a simple exploration in the judicial hidden rules according to the exsitingawareness.After all，the exisiting unspoken rules have a risk of corruption，violation ofthe procedural of law injustice.So the anthor try to take this topic in order to deepen thepersonal understanding.What`s more，the legal practice and legal theory should putmore attachments on such rules hidden in the official rules.