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On the formal justice judgments

Author: DongZuoZuo
Tutor: WangHong
School: China University of Political Science
Course: Legal Theory
Keywords: Formal justice While ruling Substantive justice The rule of law
CLC: D916.2
Type: Master's thesis
Year: 2011
Downloads: 73
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Abstract

Practice of justice , justice is the law of lofty ideals and tireless pursuit of the goal , people expect justice ruled the law and rule of law through its social life , but the law of justice and no justice , justice has formal justice and substantive justice points, while citizens have universal adherence to formal justice justice and on the justice court , the paper discusses the judgment in the form of justice. The article begins with no pre existing definition, but seeks the historical development from the law , the nature of law and the rule of law to the judiciary to investigate the change in the form of justice theoretical origins , combined with the existing research base , a more comprehensive judgment given the three meanings of formal justice : ① strict application of the rule of law , where the rules have both substantive rules are procedural rules , so the first layer of meaning , including procedural justice ; ② also processed in the same case , the Court will rule of law equally , consistently applicable to different people , the same case , the public can be clearly defined laws foresee the legal consequences of individual behavior ; ③ applicable rules of law rules , when the law does not expressly require or serious violation of existing rules of justice and thus can not be applied when to apply legal principles or authoritative legal concepts such as the rule to remedy that within the framework of the law and render a decision , but not outside the standard applicable law . The first part of formal justice connotation Theory. From the perspective of the historical development of law states that justice is upheld by the law of universality, equality and certainty of justice ; judicial able to achieve justice is justice, the law itself , that \Formal justice doctrine on foreign made ??some sort , the main analysis Weber , Perelman and Rawls's theory ; pointed out the problem of domestic lack of formal justice : one connotation incompleteness , two judicial status controversial ; final judgment is given in the form of paper just connotations. The second section summarizes the formal justice several criteria , namely logical guidelines: departure from the rule on the interpretation of the rules of deductive logic and consistency requirements ; procedural guidelines : Indicate the specific requirements of due process and to comply with the guidelines of the positive significance ; may generalized guidelines: the same case the same process ; experience criteria: the rule of thumb for judges discretion limit. The third part discusses the proper form of justice in the meaning of the judgment . First, the analysis of the first to achieve the proper verdict form the theoretical basis of justice : one is the use of \must comply with the principle of legality ; Third, uphold the judgment that France has the formal justice predictability . Secondly, that the judgment in the form of a lack of justice , but justice and the rule of law in the form of the same strain relations , the rule of law given its lack of tolerance, especially in the form of the trial when the conflict between justice and substantive justice , the rule of law requires substantive justice to compromise. The fourth part discusses the formal justice in our judgment the question of how to achieve . First, combined with case specified that a violation of judicial forms of justice exist two tendencies : one heavy \Secondly, the proposed form of justice in our trial verdict implemented three recommendations ( in order to ensure its implementation possibilities ) : \supervision. Finally elaborated form of the realization of justice judgment on the significance of building a socialist country ruled by law .

On the formal justice judgments

Abstract

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