Procedural Justice And The Rule Of Law In China

"Procedural justice" as a rational legal concept and it has deep roots in Western countries.Procedural justice is generally absorbed by the modern state under the rule of law. Procedural justice is the basic form of handling public relations of a modern pluralistic society and the core of the modern law. China has experienced a series of changes when she toward the countries of the rule of law. Adhere to the procedural justice can clear weight entities in China, a light program of traditional psychology. It is the only way for the rule of law in China.Start from the theory of procedural justice to strengthen the construction of the rule of law in China. China's legal system is basically complete, but the actual operation is not good, important manifestation is the "procedural justice issues" Although the success of the rule of law is determined by the substance of the law, but the rule of law must be required by the program.Good law is also relying on the program. Implementation of the law should be strictly in accordance with procedures. Strict procedural justice is the basis of the rule of law, also there is a big gap between China and the West. China's traditional legal order is built on the basis of the imperial and patriarchal ethics,emphasis on inequality between people.Emperor rule society is the whole community in a unified ideology, the government enjoys a position above all social things.In this environment, external supervision is unnecessary. So,a long time our society has been the emphasis on content, ignoring the procedures.It does not recognize the value of individual rights and freedoms.The nationals are lack of program awareness too.Our democracy and the rule of law is still quite a long way to go, the spread and practice of the concept of procedural justice is still facing many problems and obstacles.Our jurisprudence there are serious differences in understanding of the concept of procedural justice,scholar research on procedural justice theory is also flawed.Social people understand this concept of the program very weak, it is necessary to further study this problem.