2006•Journal of Hangzhou Dianzi UniversityRequires access

The Lack and Realization of Procedure Justice in China——Enlightenment from the She Xianglin's Case and Liu Yong's Case

Min Gao

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Abstract

Procedure justice is of great value to judicatory practice. Generally speaking, if there is no procedure justice, there is no substantive justice. It is an urgent problem to make good use of the procedure justice of the western countries. Thus this paper illustrates the need of procedure justice and the detriment resulting from the lack of it by analyzing She Xianglin's Case. It also reveals the cause of the lack of the procedure justice from the inherent root and exterior elements by analyzing Liu Yong's Case, then puts forward some suggestions in the realization of procedure justice.

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What this paper is about

Procedure justice is of great value to judicatory practice. Generally speaking, if there is no procedure justice, there is no substantive justice. It is an urgent problem to make good use of the procedure justice of the western countries. Thus this paper illustrates the need of procedure justice and the detriment resulting from the lack of it by analyzing She Xianglin's Case. It also reveals the cause of the lack of the procedure justice from the inherent root and exterior elements by analyzing Liu Yong's Case, then puts forward some suggestions in the realization of procedure justice.

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Available abstract

Procedure justice is of great value to judicatory practice. Generally speaking, if there is no procedure justice, there is no substantive justice. It is an urgent problem to make good use of the procedure justice of the western countries. Thus this paper illustrates the need of procedure justice and the detriment resulting from the lack of it by analyzing She Xianglin's Case. It also reveals the cause of the lack of the procedure justice from the inherent root and exterior elements by analyzing Liu Yong's Case, then puts forward some suggestions in the realization of procedure justice.

Key concepts: Economic Justice, Enlightenment, Realization (probability), Value (mathematics), China, Law and economics, Sociology, Law

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