Discuss The Guarantee Of Procedural Justice

Procedural justice is a legal concept derived from common law countries, It was originally developed by the British natural justice principle, That is "no one can be served as a judge in his own case" and "the parties have the right to statement and be heard". In 1215, British issued Great Charter and the article 39 is the earliest standardized expression of procedural justice. This concept developed by "due process of law" of the fifth and fourteenth Amendments to the United States Constitution. The research of procedural justice in the western academic field has experienced a transformation from procedure instrumentalism to procedure departmentalism, the theory of procedure instrumentalism regardes procedures as tools to achieve outer purposes and emphasizes the instrumental value; however, procedure departmentalism is focused on the intrinsic value of the fair and reasonable and insists there is no direct relationship between the value and results.Traditional Chinese legal culture tended to tress the entity and belittle the procedure, Research on the intrinsic value of procedural justice in Western countries provides a valuable reference for us. In recent years, with the implementation of the strategy of governing the country according to law, procedural justice has attracted the attention of the domestic academic circles and practical circles. At present, although the academic research on the theory of procedural justice is mostly focused on the introduction of Western procedural justice theory, the basic standards of procedural justice, content and other basic knowledge of the understanding and discussion, In the judicial practice, it also needs to be improved and guaranteed in many aspects, But we should also realize that procedural justice is a western "imports", It can't be built right away. Theory and judicial practice pay attention to procedural justice, which provides a certain theoretical and practical basis for the growth and development of the procedural justice in our country. Judicial justice is the last line to protect social justice, to realize judicial justice, procedural justice and substantive justice are equally important, Procedural justice is the necessary condition to achieve substantive justices, what's more, procedural justice has its own independent intrinsic value. with the implementation of the strategy of governing the country according to law, Procedural justice as an important part in a country ruled by law, it has theoretical and practical significance to discuss the status and the reasons of the procedural justice practice in our country, as well as from the height of the judicial justice to guarantee procedural justice.