Procedural justice and substantive justice
First, the meaning and importance of procedural justice
Procedural justice is the basic requirement of legal procedure, which requires that the design and implementation of legal procedure must follow the principles of fairness, justice and openness. In judicial practice, procedural justice is embodied in filing a case, investigation and evidence collection, trial and judgment, etc., and legal procedures need to be followed to ensure that the legitimate rights and interests of the parties are fully guaranteed. Realizing procedural justice helps to maintain the authority and credibility of the law and enhance the public's trust in the legal system.
Second, the pursuit and practice of substantive justice.
Substantive justice is the ultimate goal of legal judgment, which requires that legal judgment must be based on facts and legal provisions to achieve fair judgment. In judicial practice, judges need to try cases objectively and fairly according to evidence and legal provisions to ensure the fairness of judgment results. At the same time, the realization of substantive justice also needs to pay attention to social justice and public interests, and ensure that legal judgments are in line with both individual justice and the overall interests of society.
Third, the relationship between procedural justice and substantive justice.
Procedural justice and substantive justice are interdependent and mutually reinforcing. Procedural justice ensures the realization of substantive justice, and only procedural justice can guarantee the fairness of substantive judgment; The realization of substantive justice, in turn, promotes the perfection of procedural justice, optimizes legal procedures and improves judicial efficiency and quality by constantly summing up experiences and lessons.
Fourthly, the way to realize procedural justice and substantive justice.
To realize procedural justice and substantive justice, we need to start from many aspects. First of all, we should strengthen the cultivation of judicial personnel's professional quality and moral quality, and improve their professional ability and sense of justice; Secondly, it is necessary to improve legal procedures and supervision mechanisms to ensure the fairness and transparency of legal procedures; Finally, we should strengthen the publicity and education of the rule of law, improve the public's legal awareness and concept of the rule of law, and form a good atmosphere for the whole society to maintain legal justice.
To sum up:
Procedural justice and substantive justice are two important aspects of legal fairness, which are interdependent and promote each other. To realize legal justice, we need to pay attention to the realization of procedural justice and substantive justice at the same time, and guarantee and improve them from many aspects. Only on the basis of procedural justice can the justice of substantive judgment be realized; Only by realizing substantive justice can the level and quality of procedural justice be continuously improved.
Legal basis:
Constitution of the people's Republic of China
Article 33 provides that:
All China people and citizens are equal before the law. The state respects and guarantees human rights. Any citizen enjoys the rights stipulated by the Constitution and laws, and at the same time must fulfill the obligations stipulated by the Constitution and laws.
Criminal Procedure Law of the People's Republic of China
Article 5 provides that:
In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.
People's Republic of China (PRC) Civil Procedure Law
Article 7 provides that:
In trying civil cases, the people's courts must be based on facts and take the law as the criterion.