实体法与法度模范法的关系2(国外英文资料).docVIP

实体法与程序法的关系2(国外英文资料) Talk about the relationship between procedural justice and physical justice: 2009-07-15: Internet justice is the soul and life of the trial. The judicial justice requires that physical justice and procedural justice be done. Procedural justice is an important means and guarantee for the realization of entity justice, which is the result of procedural justice and the end result. First, procedural justice is the objective of judicial activities The judicial process itself is in the presence of certain conflicts and contradictions, contradictions and disputes can be converted to some technical problems, through certain procedures. Procedural litigation is legal action. Based on the litigation procedures, to ensure that peace and stability of litigation, the rules of behavior and process of continuity, the predictability of the event and the actual results of certainty. The judge only has to follow the legal procedure to demonstrate to the public that the action is not a product of the willfulness, and that its ruling is legitimate and authoritative. The litigants, however, only see the referees strict procedures in order to give them confidence in the fairness of the results. In addition, the procedural justice also has great demonstration effect, through the public trust value of due process, can make the judgement in the social public recognition, so realize the procedural justice, but should pursue one of the goals of the judicial activities. Second, procedural justice is an effective way to realize physical justice Marx once pointed out that the relation between the procedure and the law is so closely related to the appearance of plants and the relation of plants, and the appearance and flesh of animals. Trial procedure is the life of the law to form, and hence the laws of the internal performance of life, thus procedure and entity is not separate, entity justice only through fair procedures to achieve. The reason is that: (1) the substantive j