What is the connection between procedural justice and substantive justice 20

Procedural justice refers to the fairness of the adjudication process (relative to the adjudication result) and the justice of the legal process (relative to the substantive conclusion). That is, "visible justice", which is a legal cultural tradition and concept in common law countries.

Procedural justice originated from the ancient principle of "natural justice", and in the ancient Roman law, "people cannot adjudicate lawsuits concerning themselves", it contained the content that the adjudication procedure must be fair. But procedural justice was conceived as a notion of the rule of law, first in the English common law of the century, when it was called "naturalism". Since then, procedural justice has made unprecedented progress in the United States, known as "due process of law."

The realization of procedural justice

1. Legal procedures should be reasonable: reasonable legal procedures are first reflected in the integrity of the procedures. Any legal activity should be subject to certain procedural constraints and should be carried out in accordance with the procedural procedures, and there should be no procedural vacuum.

2. In the legal profession, the concept of procedural justice should be comprehensively and truly established.

3. Chinese judges have authority. The premise of judges' authority is the independence of judges, including independence of identity and economy, and the independence of judges should first be amended by the Constitution and the independent status of judges should be determined through the Constitution, so that the current factors restricting the independence of judges can be broken.

Procedural law (process, form, enforcement).

Procedural law is a law of litigation procedures formulated to ensure the realization of the rights and obligations stipulated in the substantive law, and it is the regulation of the law on procedural rights and obligations. Procedural justice can be regarded as "visible justice", which is actually a legal tradition in Britain and the United States. This stems from a well-known legal maxim:

Justice should not only be done, but it should be done in a way that is visible to the people". To use the most popular language, this maxim means that the case should not only be judged correctly and fairly, and fully comply with the provisions and spirit of the substantive law, but should also make people feel the fairness and reasonableness of the judgment process. In its characteristics and implementation process, it needs to be procedural, justified and scientific.

Substantive justice (purpose, substance, legislation).

Substantive justice is a proper term in the Criminal Procedure Law, which refers to the substantive justice and consequential justice achieved through the criminal procedure process. Substantive justice should be understood from two aspects: one refers to the fair distribution of people's substantive rights and obligations when legislating, which is substantive general justice; The second refers to the proper adjudication of specific cases in the judicial process, and the achievement of substantive and individual justice.

Since legal justice is achieved in the process of applying universal rules of law to individual cases, substantive individual justice becomes the basic meaning of substantive justice in the administration of justice. Substantive justice in justice contains at least the following three meanings: one is statutory justice, the second is equal justice, and the third is reasonable justice.

The specific relationship between procedural justice and substantive justice

1: Process - Purpose: Substantive justice is manifested as the justice of the result; Procedural justice is the justice of the process, and its justice is established and guaranteed by the process.

Therefore, the fairness and justice of legal procedures in the legal field will greatly determine the realization of the goal of the rule of law. At the same time, in practice, the standardization of the rule of law procedure again and again will make the results more convincing and form a good circle.

2: Form – Substance: Procedural justice sets the operational framework for substantive justice, and has a transitional and remedial effect on it.

In the era of the rule of law, the realization of substantive justice should not be limited to violence, coercion of confessions, morality, etc., but tend to be more in the form and means of reasoning and debate to achieve the essence of justice. This also requires that the procedure as a form needs to be scientific and reasonable.

3: Law Enforcement - Legislation: Legal procedures include legislation, law enforcement, law-abiding, and justice.

Law-abiding is a constraint on the subject of legal relations; The implementation of the law and legislation is a requirement for the organs of state power. It can be seen that from the perspective of the subject, procedural justice and substantive justice are the relationship between law enforcement and legislation. From the point of origin, the enactment of law is for the fairness and justice of society (i.e., substantive justice), while the enforcement procedure of law is to play a role as a guarantee for the establishment of law.

Summary: Procedural justice and substantive justice may complement each other, and it is a relationship of dialectical unity, a relationship between each other's ends and means, a relationship between law enforcement and legislation, and a relationship between form and substance. The two are like the two wheels of a car, one is indispensable and cannot be wasted.

The relationship between substantive justice and procedural justice is the relationship between legislation and law enforcement. In jurisprudence, the procedures for the operation of law can be summarized as legislation, law enforcement, and compliance with the law. Among them, legislation and law-abiding are carried out by the relevant organs of the state, and it can be said that the relationship between substantive justice and procedural justice is also the relationship between legislation and enforcement.

Substantive justice is the ideal state in which justice is realized.

1. Distinction of Attributes Procedural Justice: A Legal Tradition in the Common Law System. Substantive Justice:

Substantive justice is the ideal state in which justice is realized. 2. Distinction of meaningProcedural justice: This stems from a well-known legal maxim:

Justice should not only be done, but it should be done in a way that is visible to the people". The so-called "visible justice" essentially refers to the fairness of the adjudication process (relative to the adjudication result) and the justice of the legal procedure (relative to the substantive conclusion). Substantive Justice:

That is, the good people (or good deeds) should be rewarded for their good, and the evil people (or evil deeds) must be rewarded for their evil deeds. If the judicial system or public policy fails to reflect substantive justice, it is considered to be lacking in legitimacy. 3. Distinction of meaning procedural justice:

It aims to express the most basic idea that a person should be at least in a position to be rationally negotiated with the adjudicator on how to treat him when a national adjudication body makes a decision that is favorable or unfavorable to his interests. That is, it emphasizes respect for the status of the participants in the procedure as autonomous, responsible and rational subjects, and requires the adjudication body to participate in the process of forming the adjudication result with him, and to demonstrate the rationality and legitimacy of the adjudication result to him, so that he can become a negotiator, interlocutor, debater and persuaded person in the process of adjudication, and his dignity and value as a human being are fully respected.

Substantive justice: It means the pursuit of justice and fairness in the results of nuclear reputation, regardless of the process and procedure, substantive justice is the end of justice.

Lawyer's analysis: The realization of justice by law is divided into two parts, substantive justice and procedural justice. Substantive justice is a relative category and, therefore, must be achieved through procedural justice.

In terms of procedural integrity, the role of the law is to provide rules and procedures for the resolution of disputes and conflicts on the one hand, and to ensure fairness in the dispute resolution process through procedures on the other hand.

Procedural justice and substantive justice are intrinsically consistent. First of all, the ultimate goal of procedural justice and substantive justice is the same, which is to pursue a fair settlement of disputes. Second, the realization of substantive justice depends on the guarantee of procedural justice.

Procedural justice is independent of substantive justice. First, procedural justice has its own independent criteria for judging. Second, the realization of procedural justice does not depend on substantive justice. Third, there may be a value conflict between procedural justice and substantive justice.

Legal basis]:

Civil Procedure Law of the People's Republic of China》 Article 2 The tasks of the Civil Procedure Law of the People's Republic of China are to protect the parties in exercising their procedural rights, to ensure that the people's courts ascertain the facts, to distinguish between right and wrong, to apply the law correctly, to hear civil cases in a timely manner, to confirm the relationship between civil rights and obligations, to sanction civil violations, to protect the lawful rights and interests of the parties, to educate citizens to consciously abide by the law, to maintain social and economic order, and to ensure the smooth progress of the cause of socialist construction.