Seeking procedural justice and feeling after reading litigation.

Judicial justice includes two important aspects, one is substantive justice, the other is procedural justice. The construction of a society ruled by law depends to a great extent on the independence and justice of the judiciary. Judicial justice is also the highest value goal pursued by law. Judicial independence is the requirement of judicial justice and the starting point and foothold of judicial independence.

As an important requirement of judicial justice, substantive justice relies more on legislators to formulate substantive laws that meet the requirements of social fairness and justice, while procedural justice can only be guaranteed by strict procedural law.

Historically, China has no tradition of human rights, and citizens under feudal rule can only rely on an enlightened monarch to protect them from torture. In ancient times, regardless of civil or criminal proceedings, due to the harsh feudal laws, as long as there was a lawsuit, it meant being whipped. Right or wrong, call first. Under the guidance of this idea, there is no due process without human rights.

Culturally speaking, China is a Confucian country. Confucianism has strict requirements for hierarchy. The people only know the son of heaven, but they don't pay attention to their rights conceptually. Confucianism does not advocate independent personality. Therefore, before the New Culture Movement advocated liberation, our people didn't know that it was necessary to judge justice from a just standpoint. Courts cannot be decided by judges. All judges should bow to the law, especially to the procedural law, and judges should also abide by the law.

The Meiji Restoration Movement in Japan made Japan embark on the road of independence and prosperity, and also brought the concept of democracy and legal system to Japan. Japanese jurists played an important role in the formation and development of modern Japanese bourgeois legal system. Most of these jurists, such as Ji Xiang, Bao Asong, Sui Chong, Mei Senjiro, etc. Studying in the west, some of them are scholars sent by the west, who are proficient in western legal culture. At the same time, they also had a deep understanding of Japan's national conditions at that time. Therefore, they played a bridge and backbone role in the process of combining western laws with Japan's national conditions and creating Japan's bourgeois legal system. These scholars have systematically translated the "six laws" of France and some works representing some advanced ideas in the development of modern western law. Japan has a thorough study of western law. Especially in the aspect of procedural law, scholars represented by Professor Taniguchi Anping have exerted an important influence on contemporary Japanese civil litigation through their research on modern common law litigation system. Japan's litigation has reached a relatively high level both institutionally and academically, and basically formed its own unique litigation legal system in the 1980s and 1990s.

Professor Taniguchi Anping has his own unique views on procedural justice. In his book Procedural Justice and Litigation, he mentioned that procedural justice "must be embodied in the procedures adopted in reality. In order to realize substantive justice, we must constantly improve the procedure, but human beings have limited understanding and practical ability, and what is substantive justice is not always clear, so compromise becomes necessary. " His incisive exposition of procedural justice made me understand what procedural justice is, that is, procedural justice is not only a principle, but also a procedure that conforms to justice, so that litigation can become justice and law can become justice. We can have different understandings of justice, but justice can only become a reality through a practical procedural system, otherwise, everything is just empty talk. All these tell us that those who study law must build a realistic system, study the social effects of legal and legislative issues, and truly understand what is procedural justice and what is the channel to guarantee substantive justice.

From this perspective, I think we China people can learn from Japanese experience in the process of learning advanced western legal culture. China's current litigation system is still far from perfect, and the equal rights of the parties can not be fully protected through litigation, and sometimes even unreasonable places in the system design can be found. The law is serious, and the rights of citizens, especially in the process of resolving disputes, are particularly fragile and need to be protected by a perfect system. As the ultimate relief way for citizens to solve civil disputes, public relief is particularly important to protect the equal and complete litigation rights of the parties. With the basic establishment of the legal system, we must improve our litigation procedures so that procedural justice can truly become the last barrier to protect citizens' rights.