2007Hainan Daxue xuebaoRequires access

A Discussion on Dispute Settlement and Procedural Justice with Cross-reference to Substantial Justice from the Perspective of Procedural Constitutionality

Hou He

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Abstract

The fairness pursued in dispute settlement is conventionally divided into substantial justice and procedural justice by scholars in many countries.However,from the perspective of procedural constitutionality,a settlement reached through procedural justice should be deemed as fair,and thus there is no point in emphasizing the substantial justice.Instead,it is more sensible to centralize resources to construct the procedural justice.

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The fairness pursued in dispute settlement is conventionally divided into substantial justice and procedural justice by scholars in many countries.However,from the perspective of procedural constitutionality,a settlement reached through procedural justice should be deemed as fair,and thus there is no point in emphasizing the substantial justice.Instead,it is more sensible to centralize resources to construct the procedural justice.

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Available abstract

The fairness pursued in dispute settlement is conventionally divided into substantial justice and procedural justice by scholars in many countries.However,from the perspective of procedural constitutionality,a settlement reached through procedural justice should be deemed as fair,and thus there is no point in emphasizing the substantial justice.Instead,it is more sensible to centralize resources to construct the procedural justice.

Key concepts: Constitutionality, Procedural justice, Economic Justice, Settlement (finance), Perspective (graphical), Political science, Law, Law and economics

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