Legal Analysis Of Procedural Justice

Procedural justice process essentially refers to the referee (referee results relative terms) of fair legal process (in terms of conclusions with respect to the entity) justice. Throughout recent years, the development process of Criminal Procedure, because the law does not touch the blank, resulting in lack of procedural justice, triggering a series of miscarriages of justice, the rule of law to China has brought unprecedented impact on the subject is facing the right justice challenges. Fair procedures not only to protect the rights of the Accused needs, and the legitimacy of the state of the internal demand prosecution of crime. As China for thousands of years, there is no concept of procedural justice, and years of heavy physical, procedural point of light, resulting in trial practice and procedure are not strictly ignored the phenomenon remains a serious breach of procedure exists, procedural law exists in the implementation of many problems. In the past, our proceedings for breach of procedural law does not specify the behavior of the specific legal consequences, but also makes procedural violations phenomenon has not been timely corrected, the introduction of new laws gradually fill this gap, making it tend to improve. Dialectical relationship between the rule of law and democracy, but it should be the rule of law rather than democracy. Ease of watching from the reform, rule of law and the rationalization of state power can solve the problem, but democracy involving public authority has not changed the main question of the possibility. From the public point of view, the rule of law has not been established in the case of democracy, democracy is not stable and unstable, because we do not have a common follow rules of conduct. By the author with several issues related to procedural justice were analyzed during the execution of the legal problems and causes of the author conducted in-depth discussions on this basis, for how to improve procedural justice system, the author put forward their own proposals.