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A Research On The Value Of Procedure In Judicial Justice Horizon

Posted on:2017-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y S LiuFull Text:PDF
GTID:2336330488972132Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Judicial justice is an idea,belief and the ultimate goal for a society to solve its social conflicts by the use of law.Judicial justice is a goal that needs to be achieved within judicial activities,also for a state of law,it has enormous value.Judicial justice includes substantial justice and procedural justice.Procedural justice is the basic embodiment and a general expression of the value of legal procedure.Procedural justice is the key to have substantial justice and it is valuable alone.The final aim for procedural justice is to reach substantial justice.On one hand,it requires a complete acknowledgement of the legal fact,evidence verification,and specific law application.On the other hand is to ensure the judicial justice in the processes of law practicing.For the research on the value of procedure,start from how Chinese researchers define the concept of the judicial process to western theories of judicial process based on the logic,and to impel a law,based-governance,the effectiveness of judicial justice,purpose value analysis,realize procedural justice,and restriction when apply judicial justice.Moreover,start with three routines,analysing value system,logic,and counterplan,to be more specific,it includes how procedure reflect its importance upon law practicing,the internal logic of procedural justice and judicial justice along with the problem they are facing.Base on the analysis of procedural justice and the value of judicial justice,in addition to combine the policy from the fourth plenary session of the eighteenth that suggest a change to improve procedural justice and judicial justice.In order to establish a complete law and order,the value of procedural justice has to be established first,and from the perspective of its value to analyse the real issues that hold still within our system.And to do that the logic between procedural value and judicial justice can be truly revealed,thus,to walk toward the right direction and evolve the system and achieve judicial justice.
Keywords/Search Tags:The value of legal procedure, Judicial justice, Procedural justice, Judicial reform
PDF Full Text Request
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