Research On The Rule Of Law Idea Of Guaranteeing Entity Justice With Procedural Justice

In the practice of the rule of law in recent years,conflicts between the results of legal judgments and the simple moral values of the people have occurred from time to time.For example,in the first case of the "18th batch of Guiding Cases of the Supreme People's Court",Liaocheng Yuhuan intentional injury case.The reason why this case is considered by the Supreme People's Court to be a case of the rule of law in China is due to its worthwhile research in terms of ethics and the current rule of law in China.The article takes this kind of phenomenon as the starting point,and compares and analyzes the relationship between the difference of morality and legal implementation level and the value level.Because such incidents are often presented in our moral life in the form of ethical and legal conflicts,and into the legal field involves the understanding of the relationship between procedural justice and substantive justice.Therefore,we must understand the independent value of procedural justice with irrelevant results in relation to human dignity and protection of will.At the same time,it cannot be ruled out that the moral review and the social evaluation have a legitimate interaction with the procedure itself.More importantly,we should understand that morality and law are convergent and not identical at the level of value,and they are different at the implementation level.The difference in value between the two is partial,temporary,and relative,and the same is the whole,long-term,and deep.At the implementation level,the practice of law cannot exclude the participation of people.It is necessary to focus on the rationality of the implementation process,and the logical facts must be prior to the value judgment.Therefore,the difference between law and morality at the implementation level is necessary and reasonable.Therefore,based on the actual needs of the rule of law society,the article tends to use procedural justice,the core connotation of the rule of law ethics,as a rational choice to guarantee the realization of substantive justice.