2006Unpublished venueRequires access

Chinese Context of Procedural Justice

Sun Hong

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Abstract

The meaning of procedural justice has been misinterpreted in Chinese context. The misinterpretation is not only connected with the procedural instrumentalism of traditional culture of law, model of inquisitorial litigation, basis of rule of law, but also related with the realistic idea of procedural value and the serious disjointedness between legislation and justice. The procedural justice used in Chinese context is not only a kind of realistic appearance of Chinese traditional culture and system defect in the process that we stride forward the society of rule of law, but also is an inevitable product of legal modernization in china. In china, in order to realize procedural rule of law, we not only need corresponding social and cultural environment and related legal system as support, but also need repeatedly test and correct it in the practice of procedural rule of law.

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What this paper is about

The meaning of procedural justice has been misinterpreted in Chinese context. The misinterpretation is not only connected with the procedural instrumentalism of traditional culture of law, model of inquisitorial litigation, basis of rule of law, but also related with the realistic idea of procedural value and the serious disjointedness between legislation and justice. The procedural justice used in Chinese context is not only a kind of realistic appearance of Chinese traditional culture and system defect in the process that we stride forward the society of rule of law, but also is an inevitable product of legal modernization in china. In china, in order to realize procedural rule of law, we not only need corresponding social and cultural environment and related legal system as support, but also need repeatedly test and correct it in the practice of procedural rule of law.

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Available abstract

The meaning of procedural justice has been misinterpreted in Chinese context. The misinterpretation is not only connected with the procedural instrumentalism of traditional culture of law, model of inquisitorial litigation, basis of rule of law, but also related with the realistic idea of procedural value and the serious disjointedness between legislation and justice. The procedural justice used in Chinese context is not only a kind of realistic appearance of Chinese traditional culture and system defect in the process that we stride forward the society of rule of law, but also is an inevitable product of legal modernization in china. In china, in order to realize procedural rule of law, we not only need corresponding social and cultural environment and related legal system as support, but also need repeatedly test and correct it in the practice of procedural rule of law.

Key concepts: Procedural justice, Procedural law, Due process, Instrumentalism, Law, Rule of law, Economic Justice, Context (archaeology)

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