The Study On The Conflict And The Balance Between Legal Essential Justice And Formal Justice

Since emergence of the law,the conflict between legal essential justice and formal justice never stops,which draws attention of people in the word.The law is abstract and summarized.With that comes the hysteresis quality of law and the conservation of law.However,the cases in our legal practice is flexible and complicated.Then,the conflict between legal essential justice and formal justice in our legal practice is an issue that can not be avoided.When legal essential justice conflicts with formal justice,some scholars think that formal justice should be protected firstly,another scholars think that essential justice is more important.I think,the relationship between legal essential justice and formal justice are dialectical,we should research the reasons of conflict between the legal essential justice and formal justice,and try our best to find the useful way of balancing the legal essential justice and formal justice,when one come true,another will not be detracted.The research on the legal essential justice and formal justice should not stop theory stage.On the contemporary era,especially on the effect of 18th CPC National Congress.The governing party put forward the notion of rule of law on deepening the reform of the judicial system and promote social equity and justice.which manages state affairs according to the law.However,in judicial practice,many injustices arouse extensive attention from our society.In the field of the law in china the discussion about legal essential justice and formal justice is discussed again.So the author considers researching the legal essential justice and formal justice is significant under the contemporary era.In theory,concept of justice of the philosophers either grasp the pulse of the spirit of the era or forefront of the new age,but they all have a weakness:they always use a kind of abstract concept to explain another kind of concept,which confuse the justice.I think,researching the legal essential justice and formal justice combining actual cases can help us to clarify the dialectic relations between the legal essential justice and formal justi ce,and I think it's significant to inherit and research the classical theory of justice.In practice,we need to review completely the legal essential justice and formal justice under the contemporary era,which can help us find the useful way of balancing the legal essential justice and formal justice.The goal of rule of law is that legal essential justice and formal justice can come true.The process of balancing legal essential justice and formal justice is also the process of building a law-ruled society.This text thinks seriously about the reasons why legal essential justice and formal justice conflict,and find the useful way of balancing the legal essential justice and formal justice,hoping avoiding unjust,false or wrong cases,hoping we will do better on building a law-ruled society.