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Probe Into The Realization Of Procedure Justice

Posted on:2020-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2416330590978064Subject:Law
Abstract/Summary:PDF Full Text Request
Procedural justice originally originated from the British concept of "natural justice",which was later developed and established as "due process of law" in the United States.Western scholars have completed the transition from instrumentalism to departmentalism in the study of procedural value,which has laid a theoretical foundation for the formation of procedural justice.Procedural justice itself contains neutrality,equality,participation,rationality and other elements that make procedural justice guarantee substantive justice,restrict judges' arbitrariness,absorb result dissatisfaction,and enhance the value of judicial credibility.Although our country also gradually attaches importance to procedural justice,but the realization of procedural justice in our country has the traditional idea dilemma and system dilemma.Therefore,to strengthen the concept of procedural justice,recognize the independent value of procedural justice,and ensure the implementation of the system of procedural justice is of great significance to reverse the unfair trial procedures in China,realize the real procedural justice and realize the justice of the whole society.
Keywords/Search Tags:Legal proceedings, Procedural justice, Judges are arbitrary, Judicial credibility
PDF Full Text Request
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