The Value Of Procedural Justice And Its Improvement Suggestion

In the trial,it is necessary to follow certain procedures and judge according to the provisions of the procedural law.Only in this way can procedural justice be achieved.In order to study procedural justice in trials,it is necessary to have a comprehensive understanding of procedural justice.procedural justice originated in the Anglo-American legal system.In the Anglo-American legal system,procedural justice itself has an independent value.Both the United States and the United Kingdom made detailed specifications and descriptions of this issue.In the judicial practice of the Anglo-American legal system,The value of procedural justice is even higher than the value of substantive justice.When there is a conflict between them,the procedural justice needs to be safeguarded first.This is vividly demonstrated in the United States "Simpson's murder of his wife." In China,since ancient times,due to the influence of the patriarchal system and social tradition,the substantive result is the most important thing in all kinds of cases.In pursuit of substantive results,in the course of investigations and trials,the phenomenon of confessions by torture or deprivation of defendants' right to defend has been continuously emerging.It is precisely because of this that the legitimate rights and interests of the parties are not guaranteed and procedural justice loses its due meaning.In the modern era,the research results of procedural justice in Western countries have gradually become the concern of the Chinese academic community,and have unconsciously influenced Chinese thinking and consciousness.People's traditional ideology and legal concepts have undergone major changes and the importance of procedural justice were gradually realized,which was reflected in the procedural law and more detailed provisions were made.This represents the continuous maturation of our country's judicial system.At the same time,the problem that the substantive law is superior to law of procedure still exists.The relationship between procedural justice and substantive justice and the status of the former have been valued by the academic circles.The results and procedures represent different values and also play different roles in judicial trials.It can be said that the two are complementary and indispensable.Therefore,procedural justice must be given due attention.In judicial practice,legal workers are constantly exploring the correct path to achieve a win-win situation between substantive justice and procedural justice.In this regard,the writer will use the procedural justice in the trial as the focus of this article,starting from the three parts of the analysis.First,it introduces the connotation and theoretical origins of procedural justice.Procedural justice as an "imported product",the study of countries in the Anglo-American legal system is relatively complete.Through the study of the procedural justice legislation in the United Kingdom and the United States procedural justice can be better understood,and also the elements of procedural justice are explained Combining the theoretical research results of China in order to have a deep understanding of procedural justice.The second part,as the focus of this article,the value of procedural justice in the trial is studied.Procedural justice,as a guarantee of substantive justice,has its external value and also has its own independent value.It cannot be ignored in judicial practice.Through the analysis of the independent value of procedural justice,the importance of independent value is fully reflected.The third part starts with the reality of our country,the problems that need to be solved in order to achieve procedural justice in trials is analyzed,and a foundation for the improvement of procedural justice in trials through the transformation of ideas and the establishment and improvement of judicial independence is laid.