Study On Bayles Of Procedural Justice Theory

The study on the proposition of procedure justice is quite complicated in the fieldof jurisprudence. But most of the explorations people made are under certain domainsor on particular conditions. Scholars who can provide a relatively general anduniversal theory to it are not too much. Michael. D. Bayles conducts a profoundattempt in his book Procedure Justice---Allocating to Individuals. The book,Procedure Justice---Allocating to Individuals is considered as one of the mostoutstanding works of Michael D Bayles. As a professor at the Florida State University,Michael D Bayles’s contribution is obvious to everybody in the field of legalphilosophy. As Reagan, a British scholar says, the proposing of the comprehensiveprogram theory of Bayles is an enormous contribution to the research in the field ofprocedure justice theory. It is said that Bayles can be mentioned in the same breathwith Bentham in this aspect.Bayles makes a specific definition to “program” through the connotation of theprogram context, and he believes “program” is a term that is usually used in thefollowing three kinds of context: the procedures that make collective decisions orelect representatives and the typical one is parliamentary procedure; the proceduresthat verdict for the disputing two sides, and the typical one is the civil litigation;decision procedures that make each other assume the burden or benefit, and thetypical one is administrative action and criminal behavior. The theory of procedurejustice that Bayles advocates is just the third one.Bayles is always attempting to present a general theory about the justice of theprocedure. He regards the adversarial model as the research object, and makes anin-depth analysis to the traditional principle under this model. He holds that the reasonwhy he chooses the adversarial model as the object of study is because this model isnot only familiar to people, but also contains the core principle of the proceduraljustice. Bayles believes in adversarial model the appropriateness of the programdepends on the four factors, including the error cost, moral cost, direct cost, as well asprocess–benefits. Only in the minimization (EC+MC+DC-PB) can the program become a fitting procedure. This proposal of the formula is not only the core theory ofBayles about procedural justice, but also a great contribution to this field of research.Of course, Bayles also points out that the basic theory of evaluation procedure is onthe model of adversarial, and it may not be quite absolute under other circumstances.This paper attempts to make an elaborate analysis to the procedure justice theoryof Bayles, and it includes four parts. The first part explores the arguments of Baylesabout the independence value of procedural justice. The second part elaborates theapplication of the principle of procedure value. The third part analyses thecontributions and difficulties of the procedure justice theory of Bayles. The fourth partexplores the value and significance of some ideas in procedural justice theory ofBayles to Chinese judicial practice.