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The Relationship between Procedural Justice and Substantive Justice
Procedural Law (process, form, law enforcement)

Procedural law is a law of litigation procedure formulated to ensure the realization of the relationship between rights and obligations stipulated in substantive law, and it is a legal norm of procedural rights and obligations. Procedural justice can be regarded as "visible justice", which is actually a legal tradition in Britain and America. This stems from a well-known legal motto: "Justice should not only be realized, but also be realized in a visible way". Explained in the most popular language, this maxim means that the case should not only be judged correctly and fairly, but also fully conform to the provisions and spirit of the substantive law, and should also make people feel the fairness and rationality of the judgment process. Its characteristics and implementation process need to be procedural, legitimate and scientific.

substantive justice (purpose, essence, legislation)

substantive justice is a proper term of criminal procedure law, which refers to substantive justice and consequential justice achieved through the process of criminal proceedings. Substantive justice should be understood from two aspects: first, it refers to the fair distribution of people's substantive rights and obligations during legislation, which is substantive general justice; Second, it refers to making proper judgments on specific cases in the judicial process, and achieving substantive individual justice. Because legal justice is realized in the process of applying universal legal rules to individual cases, entity individual justice has become the basic meaning of entity justice in justice. Substantive justice in judicature contains at least the following three meanings: first, legal justice, second, equal justice and third, reasonable justice.

The specific relationship between procedural justice and substantive justice

1. Process-purpose: substantive justice is manifested as the justice of result; Procedural justice is the justice of the process, and its justice is guaranteed by the establishment of the program. Therefore, the fairness and justice of legal procedures in the legal field will greatly determine the realization of the goal of rule of law. At the same time, in practice, the standardization of the rule of law procedure again and again will make the results more convincing and form a good cycle.

2. Form-essence: Procedural justice sets the operational framework of substantive justice, and has a transitional and remedial effect on it. In the era of rule of law, the realization of substantive justice should not be limited to violence, forced confessions, morality and other ways, but more tend to reason, debate and other forms and means to achieve the essence of justice. This also requires that the procedure as a form needs to be scientific and reasonable.

3. law enforcement-legislation: legal procedures include legislation, law enforcement, law-abiding and judicature. Abiding by the law is a constraint on the subject of legal relationship; Law enforcement and legislation are the requirements for state power organs. This shows that from the perspective of the subject, procedural justice and substantive justice are the relationship between law enforcement and legislation. From the origin, the law is formulated for social fairness and justice (that is, substantive justice) and the law enforcement procedure plays a guarantee role for the establishment of the law.

Summary: Procedural justice and substantive justice may be complementary, dialectical and unified, mutual purpose and means, law enforcement and legislation, and form and substance. Both of them are like two wheels of a car, and they are indispensable and cannot be neglected.