On The Fairness Of Judicial Procedure

With the continuous development of legal construction in China, the justice in judicial procedure has become the most important value principle in judicial adjudication. In modern legal system, the core concept of legal justice is not only substantive justice, but also procedure justice as well. For our part, the value of procedural justice is so seriously neglected that the judiciary in practice simply put a high value on the efficiency in case handling, leaving alone the procedural justice. For this reason, the case selected in this paper is closely related to this problem.This paper begins with the controversy of the Judicial procedure in yang jia case, with a brief reference to the disputes during the trial, such as the controversial opinions on the territorial jurisdiction, the law position and rights of the counsel, the legitimacy of legal grounds of the court ruling, and the value of open trial followed by the first trial court. The second part provides the further discussion of some legal consideration of this case. The dispute in this case reflects not only reflects the problem of regarding entity as more important than procedures in judicial practice, but also reveals the disharmony relationship between the authority and the people. In the end, some advices are proposed to solve the problem. Namely, specific legislations should be adopted in procedure of criminal trials on the one hand, completing the system of procedural sanction at the same time, and some opinions on changing the disharmonious relation between the public and the people on the other hand. In brief, the paper is based on case-method, and further seeks the possible solutions to solve the problem in procedural justice, and the public relations as well, at the expect of being useful reference.