On The Function Of The Procedural Fairness In Constructing Our Country Under The Rule Of Law

The rule of law must pursue judicial fairness as its first value, governing the country according to law and constructing socialist country under the rule of law has already been our country's governing strategy, this certainly requires realizing judicial fairness. We must transform from emphasizing substantive law to emphasizing procedural law in order to realize judicial fairness. Procedural fairness is a kind of process justice; it has independent values, mainly embodied in the process of law procedural design and judicial judge. It is characterized as clear, concrete and workable procedural standard. Procedural fairness is the central content of judicial fairness, it is the guarantee of achieving judicial fairness, and this is the common sense. Ruling the country by law firstly means ruling the country by procedural law in some meaning. The level of the rule of law of a certain country lies in the just procedural law to great extent. However, for a long time, people only stressed substantive law and its performance in theories and practices, stressed substantive fairness and neglected the function of procedural law, especially ignored procedural fairness. People only regarded procedural law as tools and means to realize the substantive law. "Emphasizing substantive, neglecting procedure" is the embodiment in the field of legislation and jurisdiction; this idea made procedural opinions backward, procedural law imperfect, procedural violence worse in our judicial practices. According to legal tradition of "emphasizing substantive, neglecting procedure" and "emphasizing result, neglecting process" in China, if we want to construct our country under the rule of law, the important function of procedural law and procedural fairness should be specially stressed in the construction of our country under the rule of law, not to only pursue substantive justice. For this reason, the thesis absorbed the values, standard and function of the procedural fairness in the west countries under the rule of law, analyzed the reasons for neglecting procedural law and procedural fairness in traditional China and modern China, inspected again the important function of procedural fairness in the construction of our country under the rule of law. Thus it can provide us with scientific and effective strategies for the sound working of our procedural law, the realization of procedural fairness and smooth establishment of socialist country under the rule of law.