论司法公正-法学理论专业论文.docxVIP

——一一坐查查兰塑主兰竺兰苎ABSTRACT ——一一坐查查兰塑主兰竺兰苎 ABSTRACT Judicial justice is an important issue in any country and has more important value in research and experience to China,which is purposed on‘‘rule of law,construction of socia]ist legal country’’and transferring from a society ruled by persons to one ruled of law．My thesis discusses the concept，constitution and value ofjudicial justice．The first part ofthe thesis‘the concept of judicial justice”at first discusses the necessary relation between justice and judiciary,and concludes that judiciary is the primary form of realization of justice and that justice is the primary aim ofjudiciary．After discussion on the concept ofjudiciaryjustice，the thesis points Out that judicial justice is the combination between substantial justice and procedural justice．The second and the third part distinctively diSCUSS the constituency and content of substantial justice and procedural justice and analyses the value of two deeply．The thesis concludes that substantial justice comprises four aspects：right convince to facts of cases that is accordance ofjudgments，judgrnenu according to right laws，judgments which estimate all kinds of interests，and‘the sanle treatment to the SalTle condition’，Substantial justice is very important to judicial justice，but has uneglected limitation in value and should be backed by procedural justice．It is also concluded that procedural justice includes three aspects：fair procedure itself,full attendance of both of parties，and respect to individual dignity and will．Procedural justice has independent inner value，tool value and experience value．At last it is discussed that substantial justice and procedural justice botll are the value and aim of judiciary and procedures and that whatever theory about judicial justice and whatever design and review On judicial system，we shouldn’t just get one point and neglect the other．When there are conflicts between substantial justice and procedural justice．we should evaluate bet