Criminal proceedings program simple justice and the equal emphasis on substantive justice

In terms of any judicial system, justice is fundamental. The course of justice (also known as fair proceedings, including procedural justice and substantive justice aspects.

First, procedural justice (ie the process of justice, respect is reflected in the proceedings fair, that is, participants in the proceedings to full and effective participation, procedures are followed, in violation of procedure get relief. Procedures include procedures for public justice, procedural neutrality, the program involved , program equality, program stability, and procedural safeguards. specific requirements are: (a strict compliance with the provisions of Code of Criminal Procedure. It is just the contents of the Criminal Procedure Law as a prerequisite. If the Legislative injustice, the more stringent Law enforcement more injustice. ( Second, serious protection of the clients and other participants, particularly Criminal suspects, defendants, and the procedural rights of victims. (c strictly prohibited torture and other illegal means to obtain evidence. (four truly independent exercise of judicial powers. (five pre-trial process as transparent as possible, the openness and neutrality of the proceedings. (the statutory period of six investigators, and concluded. These several requirements, the first is a form of procedural justice, the latter five are substantive due process.

Second, the entity justice (that is, the result just means that the outcome of cases handled by the physical embodiment of justice, that justice should be based on objective facts, and the Law was correctly applied. The realization of substantive justice will help protect the Lawful rights and interests of the parties, enhance the trust of the people of the proceedings, the role of the social order and stability. specific requirements are: (a Criminal conviction and sentencing, according to the facts must be accurately identified. do there is ample evidence. (b correct application of the Criminal Law, accurately identified the suspect , whether the accused is found guilty of charges. (c according to the principle of suiting punishment according to law to determine appropriate penalties (four for the error handling of the case, to take timely remedies to correct and timely compensation. Accordingly, the procedural justice and substantive justice have their own independent and impartial content and standards, can not replace each other.

Third, the substantive justice and procedural fairness which one is better, mainly in the following three perspectives: (a priority of an entity. This kind of view that the entity is the target, the program is to ensure that goals. (On the second try. This kind of view both physical and procedural, procedural fairness and substantive justice will be compared the "car of the two wings of a bird." (first of three programs. This kind of view is that procedural justice is the logical starting point of justice, but the procedural and conflict , the program priority than the physical.

Fourth, the program's value. (A first entity is to ensure realization of the value. If the program design and implementation is fair, in most cases, the physical conclusions drawn would be fair. China <<Code of Criminal Procedure>> this aspect of the protection of substantive justice reforms needed to improve (such as the system has not established an effective system to prevent torture, the establishment of the basic system to ensure the attendance of witnesses and so on. judicial workers who are in the litigation process can not be complacent with the pursuit of procedural justice, and to be further careful aim to achieve substantive justice. (b second aspect lies in its independent value, is directly reflected procedural justice itself, democracy, rule of law, human rights and the spirit of civilization. it does not exist attached to achieve substantive justice itself An important part of social justice. as the rules of game, not only to ensure the strength of the team win more (physical values, but also make the game itself more exciting civilization, so that will be more ornamental (Procedure. fair criminal procedure, evidence, such as culture, public hearing to protect the right of defense, etc., on the one hand judicial activities directly reflect the spirit of democracy and human rights, reflecting the just visible at the same time make an objective and impartial handling of the case. Therefore, procedural justice is both means and an end.

V., procedural fairness and substantive justice with the internal consistency, on the whole is unified, its ultimate goal is the pursuit of a just settlement of disputes. (A substantive justice on the acceptability of the referee is undoubtedly very important. Due to the fact that and application of legal uncertainty, which can be derived uncertainty substantive justice, and the characteristics of procedural justice to this uncertainty will help provide the basis for legitimacy. procedural justice has a security role to achieve substantive justice . (b substantive justice and procedural justice is relatively independent, due to procedural fairness and substantive justice has different criteria, procedural fairness and substantive justice may occur in the value of conflict, that procedural fairness and substantive conflicts inevitably occur sometimes, when there contradictions, in certain cases, procedures should be taken to the principle of priority, such as: illegal evidence exclusion rules, but in some cases, they must take the principle of priority entities, such as: a result of wrong facts or applicable law, resulting miscarriage of justice victimizes, innocent innocent. In this case, once found, should be brought for trial supervision procedures, error correction rehabilitated and given state compensation, without any action final program and time restrictions. In short, procedural justice and the two entities just like cars, bird wings, interdependent, interrelated, and can not have has the severity of the points. because of our long-term existence of "heavy solid, light process," the philosophy and practice, also requires us in the pursuit of substantive justice The process will give priority to procedural justice. reposted elsewhere in the Research Papers Download http://www.hi138.com