The Conflict And Balance Between Formal Justice And Substantive Justice In The Trial

In the pursuit of legal value,justice is one of the most basic values.Justice has different standards,one of which is formal justice and substantive justice.With the continuous progress of the rule of law,people pay more and more attention to the follow-up of legal procedures.The discussion on the follow-up of procedures in academic circles has prompted the emergence of the priority theory of formal justice.Scholars discuss the importance and universality of formal justice,and point out that substantive justice may lead to abuse of power,providing theoretical basis for the priority of formal justice.The ideal law,whether in the process of legislation,law enforcement or judicial application,is committed to the dual realization of formal justice and substantive justice.However,in the judicial trial of specific cases,formal justice and substantive justice can not be taken into account at the same time,because the final realization of formal justice and substantive justice in judicial trial is influenced by many factors,such as techical conditions,social development background and internal factors of the case.Based on the analysis of specific cases,this paper discusses the conflict between formal justice and formal justice in judicial trials and analyzes the causes of the conflict,trying to achieve the balance between formal justice and substantive justice in judicial trials in a reasonable way and promoting the construction and development of the rule of law.Firstly,the research background,research significance,research status and methods of the conflict and balance between formal justice and substantive justice in judicial trial are expounded,which lays the foundation for the overall research of this paper.Secondly,through the analysis of the connotation,characteristics and types of justice,the meaning of formal justice and substantive justice in judicial trial is summarized,and the necessity and relationship between formal justice and substantive justice in judicial trial are expounded.Thirdly,the conflict between formal justice and substantive justice in judicial trial is analyzed,that is,onesided pursuit of formal justice impairs substantive justice and one-sided pursuit of substantive justice impairs formal justice,and then the reasons for the conflict are analyzed,which mainly include:the conflict caused by the collision between the externality of formal justice and the nativity of substantive justice,the conflict caused by the difficulty in balancing the flexibility of formal justice and substantive justice,and the conflict caused by the lag of formal justice that cannot meet the needs of substantive justice.Finally,according to the analysis of the reasons,this paper puts forward the balance path between formal justice and substantive justice in judicial trial:perfecting procedural legal norms and substantive legal norms,strengthening the application of legal interpretation,improving the quality of judicial staff,improving the substantive function of trial,and perfecting the supervision system of case trial,so as to ensure the balance between formal justice and substantive justice in judicial trial.