2011Unpublished venueRequires access

The Real Context of Procedural Justice

F Universit

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Abstract

Under real context,procedural justice is misunderstood to different extents in the masses’ idea and legal practice.This is basically contrary to the idea of a socialist rule of law.In Chinese human relationship society,the legal system tradition and procedural justice compose a contradiction.There are all kinds of manifestations of antithesis in the contradiction.Long-term tradition of rule by people makes Chinese as a nation who have been used to taking and obeying orders.As a result,their reason and freedom are restrained.Therefore,in order to fit the need of long-range construction of rule of law,people’s procedural concept need to change in four dimensions:eradicating procedural nihilism,rectifying procedural instrumentalism,discarding procedural formalism and strengthening procedural rationalism.

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What this paper is about

Under real context,procedural justice is misunderstood to different extents in the masses’ idea and legal practice.This is basically contrary to the idea of a socialist rule of law.In Chinese human relationship society,the legal system tradition and procedural justice compose a contradiction.There are all kinds of manifestations of antithesis in the contradiction.Long-term tradition of rule by people makes Chinese as a nation who have been used to taking and obeying orders.As a result,their reason and freedom are restrained.Therefore,in order to fit the need of long-range construction of rule of law,people’s procedural concept need to change in four dimensions:eradicating procedural nihilism,rectifying procedural instrumentalism,discarding procedural formalism and strengthening procedural rationalism.

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Available abstract

Under real context,procedural justice is misunderstood to different extents in the masses’ idea and legal practice.This is basically contrary to the idea of a socialist rule of law.In Chinese human relationship society,the legal system tradition and procedural justice compose a contradiction.There are all kinds of manifestations of antithesis in the contradiction.Long-term tradition of rule by people makes Chinese as a nation who have been used to taking and obeying orders.As a result,their reason and freedom are restrained.Therefore,in order to fit the need of long-range construction of rule of law,people’s procedural concept need to change in four dimensions:eradicating procedural nihilism,rectifying procedural instrumentalism,discarding procedural formalism and strengthening procedural rationalism.

Key concepts: Instrumentalism, Procedural justice, Antithesis, Procedural law, Contradiction, Epistemology, Economic Justice, Law

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