Substantive justice is an ideal state, and procedural justice is a means of realization.
Take a tattoo man as an example. He hacked people with a knife and was killed.
The tattooed man died, and everyone is concerned about the fate of the "white brother" who was chased and chopped first and then killed the tattooed man with a knife. There is no doubt that most people sympathize with Brother Bai. In this case, the expert's statement that Bai Ge was "too defensive" and the accusation that Bai Ge was suspected of intentional injury were unacceptable to the public.
This involves a relationship between procedural justice and substantive justice.
In recent forty years, influenced by western professors of legal thought and law, China also began to regard procedural justice as higher than substantive justice.
For those who simply think that everything should be based on "justice and conscience", if procedural justice does not lead to substantive justice, it is hypocritical and even worthless.
Extended data:
Before the founding of New China, there was often neither procedural justice nor substantive justice in old China. "The entrance of the yamen faces south, and you can't get in without money" is a true portrayal at that time.
After the founding of New China, in the Mao Zedong era, procedural justice and substantive justice were highly unified by implementing the mass line in judicial practice.
In judicial trials, the feelings and wishes of the people are also highly respected.
For example, in the death sentence at that time, the words "not killing is not enough to make people angry" often appeared, which is the embodiment of simple "natural justice" and "natural conscience" in judicial trial. Regrettably, this article was not seen in today's judgment.
It is a kind of "rational arrogance" to believe only in man-made "law" and not to believe in natural justice and natural conscience accumulated in people's hearts for thousands of years, which will damage justice.
More importantly, in the social atmosphere of the Mao Zedong era, justice prevailed over evil. People with multiple criminal records, such as tattooed men, are often the targets of education, reform and control in the "mass dictatorship". He will be ashamed of himself and stick to the street when he walks. It is absolutely impossible to walk around the street with a long knife and make everyone feel as scared as "no caterpillars"
"No caterpillar" runs rampant, and good people have no sense of security. Without understanding the changes in the atmosphere of the times, people's anger cannot be understood. If justice cannot be reflected in judicial trial, it will go to the opposite side.
The fate of Bai Brothers can be justly tried, and his judgment can embody substantive justice and natural justice, and the judgment itself can finally stand the test of justice and conscience.
We hope to rebuild the social atmosphere in turn.
In such a social atmosphere, good people can be cocky and cocky, while social scum like "no caterpillars" can't lift their heads, so they can only turn over a new leaf, turn over a new leaf and turn over a new leaf as the only way out.
References:
Baidu encyclopedia-procedural justice