The Realization Of Procedural Justice Based On The Judge Neutrality

The persistence of the procedural justice is significant to the trial of specific cases, achievement of the goals of the law, and the advancement of the process of nomocracy for the whole country.Our country has always put great importance to the entity justice and the result of the case, and despised the procedural justice and the practice of trial, which makes the judge pursue the truth of cases blindly, and merely understand their responsibilities for the so-called "criminal punishment", while ignore the safeguard for human rights and holding of procedural justice. Thus, the judge failed to straighten their position and be objective and neutral to hear the case. However, the realization of procedural justice is inseparable from the judge neutrality in specific judicial work. This is because the judge neutrality is an important and fundamental prerequisite and aspect for achieving the procedural justice. A cases, during the trial of which the judge lacks neutrality, is nothing to speak of procedural justice, meanwhile, the fairness and justice of the conclusion of the case are distrusted; on the other hand, the lack of the judge neutrality is also the obstruction for protecting citizens’ human rights, establishing the judicial authority and promoting the process of nomocracy. So, it has a great significance for the realization of procedural justice and achievement of the goals of the law to stick to the judge neutrality. But, it is a pity that judge still ignore the neutrality when they hear cases in recent years. So, I think it is very necessary to analysis those cases which are full of shortage and error to make judge recognize the disadvantage of lack of neutrality intuitively and clearly.Xia Junfeng case is a typical case which is lack of neutrality of the judges. It once aroused heated debate. In this paper, Xia Junfeng case is the object of study. In the first part of the paper it describes the basic facts of the case and puts forward the lack of neutrality in the attendance of witnesses, witness testimony adoption, justifiable defense and the entire basic facts of the case; in the second part, with the procedural justice theory and judge neutrality, it researches and analyzes the question of the case to point out the importance of judge neutrality; in the third part, with the affect of the lack of judge neutrality to Xia Junfeng case, I have put forward my opinion of expediting judge to comply with the neutrality.