The Alienation In Process Of Law

Process of law is an important part of promoting the rule of law. The effectiveness and stability of the result of legal process need the protecting, which means the process of law should be proper applied. But the result is always deviated from the target envisaged at the beginning. In the fact, the program becomes a "stand aside" of furnishings or a implement which is used to prevent people performing the legal rights. The alienation in the process of law means that the process is deviated from its essence and value, which becomes the exterior force to bound the people.The scholars always take the criminal proceedings as the view to analyze the alienation of proceedings for analysis. Only a very few scholars analyze the defects and deficiencies of the legal process with the view of principle of law. The thesis combines the alienation and proceedings and analyzes the proceedings with a new theoretic perspective. The thesis is divided into three parts, includes the proceedings alienation connotation, extension and transcendence, which uses the philosophical theory of alienation to analyze the proceedings’ intrinsic and extrinsic alienation and put forward some suggestion.The first part explains the connotation of the alienation in process of law, which is based on the general concept of alienation and proceedings. The point of this part is the integration of alienation conception and process of law, which expresses the conception and characteristics of alienation in the process of law based on the combination of different expression of alienation in Western and the conception of legal process.The second part explains the intrinsic and extrinsic alienation of legal process based on the intrinsic value and extrinsic value of legal proceeding, and analyzes the cause of alienation through analyzing the conception, expression and jeopardy with the theoretic analysis and cases.The third part gives the suggestion to figure out the alienation in process of law from four aspects which include the power controlling by proceeding, establishing the conception of proceeding on people, paying attention to democratic proceeding, and the priority of proceeding program which is followed by justice. Hoping the suggestion could be helpful to the legal construction under the present situation of China.