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Criminal justice procedural justice

Author: LiuDan
Tutor: WeiYueNing
School: China University of Political Science
Course: Code of Criminal Procedure
Keywords: Procedural justice Substantive justice Public opinion Unspoken rules Countermeasure
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 260
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Abstract

With the large-scale expansion of China's economic construction and high-speed development, human rights issues more and more attention. The general public on some of the focus of criminal cases in various ways expressing their point of view, especially the network post has been formed by an invisible force of public opinion; scholars to promote the rule of law and human rights building assiduous study related to a variety of problem, continue to introduce internationally accepted concept of procedural justice. Procedural justice has been the 2002 Procedure Law school year identified as one of the hot issues, scholars have done a lot of efforts to change the legislative and judicial status of re-light procedures of entities. In view of this, I can make some contribution to procedural justice in China to achieve, and make every learned to do some theoretical discussion. The writing of this paper is mainly used to compare research methods, statistical research methods, in the course of the study of procedural justice, the comparative method is mainly used for the different understanding of the Chinese and foreign procedural justice, the degree of attention and the resulting social effects, while justice through domestic cases come to the program to achieve the thesis that there are some problems. Statistical research methods were summarized by access to relevant information on the extended detention as well as feedback in order to prove the violation of procedural justice in the judiciary in the prosecution process. This article is composed of the following preface, text, and I on the three parts: I. Introduction introduces the writing background, significance and originality. Britain and the U.S. emphasis on the value of procedural justice and the judicial practice to be concerned about the iron law; of legal practice entity re-light program serious, and gave rise to many problems in China's judicial activities, especially the unspoken rules , which directly affects our judicial authority establish. Second, it describes the significance and originality of the writing of this article. Second, the body including the meaning of the following four parts: 1. Procedural justice. Traceable Dynasty in that part of the origin and meaning of the author of the procedural justice: First, the program is a subjective design, why we have a justice or not the evaluation; Secondly, the ancient Greek sage understanding of justice to start, and then summarized exposition of contemporary scholars, this transition to the two principles of procedural justice, namely the principles of natural justice and due process principles, the former originated in the United Kingdom for the United States Constitution, which recognized and followed by the judicial practice. Again, the two hot relationship with procedural justice, a comparative analysis reveals the independence of procedural justice. (2) the independent value of procedural justice. That part of the value of procedural justice, the functional significance in three aspects are discussed, the Anglo-American scholars of the value of procedural justice go in the academic front, and ultimately contributed to the generation of the \In this paper, from eight aspects of the principle of autonomy, the principle of truthfulness, the principle of rationality, the principle of participatory openness principle, the principle of neutrality, the principle of equality, the principle of timeliness such as the intrinsic value of Procedural Justice. Function of procedural justice summed up as the program is the mother of the entity so that the results to obtain legitimacy and dissatisfaction absorption correction democracy and legal system errors, the four points of the important aspects of justice. Emphasizing the significance of procedural justice is to rectify the traditional concept of re-light procedures of the entity to maximize the protection of human rights, and establish the authority of the judiciary. (3) the challenges of practice - explicit rules and unspoken rules. That part some problems in our legal practice from two perspectives analysis, these problems include the legislative tool Ideology in judicial procedural justice only concerned with substantive justice or outcome of justice, ignored, leading to the kinds of judicial unspoken rules \(4) the practice procedures of the path of justice. I mainly discussed from two large angles to establish the concept of procedural justice and improve the legal system: legal concepts to guide the legal action, it must first establish a correct concept of procedural justice; from the lessons of international experience in the legal system in order to improve the due process system design efforts to achieve the openness of procedural justice requires that the regulatory discretion of the judge, to strengthen the supervision of the judicial power, and strive to achieve the idea of ??the five aspects of the prosecution and the defense balance, the practice of procedural justice. Three, I on the part of the procedural justice issues, and reiterated China's practice of procedural justice is still a long way, and need to continue to absorb and learn useful international experience.

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