Abstract ： With the development of the society， the improvement of the law system has attracted the widespread attention. The writer tries to discuss this problem in procedural just value"s principles attitude and also tries to prove that procedural just value"s principles has independent content and significant status in judicial procedure. And then generalized a variety of principles and created the definition about it.
Key words： procedural just value principle
There is a discussion which keeps a long time for the problem of the rule of the procedural just value. Lots of experts try to define it clearly. However， there is not a certain definition about it even now. With the development of the economy， how to improve the law situation and promote the procedural just have become the important questions that ought to answer immediately. However， what are the principles of the procedural just value is the key problem of it. Moreover， how to chase the procedural just within efficient way and relax the contradiction between procedure and efficiency are also the problems that need us to deal with. This paper is tried to give the constructive comment to the above problems and generalize a variety of principles for creating the definition about the principles of the procedural just. And then expressing its value to populace.
1.Judicature independence
This principle means that the court and the judge have to try the case independently， based on the legal rules and the legal proceeding without interfering from any departments or groups. The most essential part in the principle is Jurisdiction independence. Under the political system in western country， the Judicature independence is that Jurisdiction separating from Executive power and Legislative power， which gets the position that no dependence and interfering with Executive power and Legislative power. When Judicial organ exerts its authority， it just obeys law rather than privilege. Jurisdiction independence requires that judicial organ could get jurisdiction for any case in judicial nature and decision-making power for whether the case that is submitted to it belongs to their control area. This attribution decides that Jurisdiction gets the arranging his jurisdiction for the case that belongs to its control area， Executive power and Legislative power could not interfere randomly.
This principle also requests that the court have to eliminate any disturbance， temptation and outside law not， when affects， keeping Just and chaste，obeying the procedure impartially. Executive power and Legislative power have to respect fully the exertion of Jurisdiction， promising providing the enough space for the exertion of Jurisdiction in free. This safeguard is not only granting from the constitution， but also gets the people， money and substance providing standards in law. Judicial referee always involves the reorganization and distribution of vital interest among dispute main bodies， and this kind of interest conflicting and dispute is resorted to the court only in the situation that could not be coordinated. Thus this principle requests that the court has to get independent position without any limitation from anybody or department when it exerts judicial referee， then it"ll get the quality and ability to fulfillment its function of "The social just asylum" of referring civil dispute and conflicting.
Judicature independence requests the independent court. Because of the attachment relation between judicial organ and administrative regionalization ， the judicial organ loses the basic safeguard for independence， thus it establishes difficultly independent mechanism for judicial just. Moreover， it also makes some judicial organs" value orientation having obvious utilitarian in judicial activities. Hence， the civil proceeding just gets discount even appearing crisis of confidence in some areas. For this， the court has to independence in local authority， it is also the requesting of the civil proceeding just" value.
The civil proceeding just" value requires this principle"s supporting， and the civil action judicial system could become a law weapon with it.
2.Fair first
This principle requests that whatever happens in legislation or judicature， the fair has to be the first condition for civil proceeding. It includes that proceeding fair will be considered first when the conflict happens between proceeding fair and entity fair. During civil action， we couldn"t deny proceeding fair for entity fair. What"s more， we also couldn"t destroy the known proceeding just for unknown entity fair. Because judicial fair could not be realized without proceeding just.
This principle is not only requesting scientific reasonable and perfect procedure， it also requests a kind of value orientation and theory for just and fair. It expresses a idea that during the civil dispute and conflict， when the judicial organ makes the referee advantage or disadvantage for the lawsuit participates in the human， at least， formidable sponsor could negotiate rationally with referee about their own vital interest question. The judicial referee has to respect procedural participant"s position as independent choice and undertaking the legal consequences" body for realizing the civil proceeding just" value.
This principle is the requesting of modern government by law and democracy， which repels any power to disturb judicial autonomous from social and political power. Legal system is different moral. Moral encourages that chasing just does not hesitate all prices， while law requests rationally to chase realistic and limited just. Civil proceeding is established for resolving civil dispute. Therefore， in the whole civil proceeding， the basic requiring of just is obeying the procedure， which could protect the people"s wish for just. However， no matter how to design procedure or how to master process， civil proceeding could not get 100percents just. But this principle has founded 100percents base for just， creating the condition and making the litigants find a only point in credit. This principle promotes referee understanding case in different attitudes， realizing resolving civil dispute and contradiction fairly， distributing benefit rationally. Litigants could see and feel sincerely the serious trial process and the fairness of referee result. The rights of litigants are taken seriously on here， which are not being replaced by any power， making people express their approving and satisfaction for the referee result and the trial process.
This principle requires that all civil action litigants could join the whole trial process equally with full coordinated speech opportunity so that every decision is profiting by opinions from various sources and causing alarm. The litigants have the right to choose and response to their action. No matter what kinds of things happen， this principle has to be suited at first for the people who are affected directly by the referee result getting the equal lawsuit status， debating and persuading freely with judicature umpires， moreover， they also could play the positive role to referee result for promoting the case getting objective and fair ruling.
3.Places on trial publicly
This principle means that trial ought to public. When the courts try cases， except the special situation which the law ruled， the rest ought to public. All the cases which are trial in public allow populace audit and reporting. Before the holding court， the causes have to be public at first， then litigants" names， holding court"s time， place， etc. The whole trial action should act under the populace carefully examine and supervise. Populace will know the truth of case and real validity of the trial process. Besides these， the judge"s heart card also has to be in public. It means that the judge will express his/her heart card which formed in lawsuit trying to litigants in court or process， including his/her understanding or knowing. Moreover， the whole trial process should open to public. During this process， the general populace has the right to know the result of this case and the reason why the judge makes it like this. The judge has the responsibility to explain the law that he/she suits in this case for the populace to understand law and approve the authority of law. If the technological condition allow， the whole trial process could transfer to the public on TV so that the populace could know the case directly.
Given what I have outlined above about this principle， any cases that trial in public have to make related materials in public， including indictment， replies to memorials， proxy word， defense word， and a variety of copy clerk dossiers which made by court， such as written judgment， written verdict， decides the book， etc. What"s more， the name list of the people who consist in collegiate bench ought to be public. The trial activity is an essential national judicial activity， for protecting its legitimate moving， it has to accept the general populace"s surveillance. Court trial is an important step in civil lawsuit， attracting widespread attention from many fields of the society. All principles will manifest in this step. Any evidence material has to be announced and showed in court， after the debating and mutual questioning witnesses between two sides of litigants， it will become picking the letter basis， then the trial quality could be raised and the fair will be protected. All of these are the eternal life foundation of the trial way. Only in this way， the black-box operation of trial and the disturbance from various aspects could be stopped and defend. The rights of the litigants could be protected efficiently. The efficient and fair of trial action could also be protected. It is also a way to improve our country"s law situation and make the law system servicing to the populace properly.
In conclusion， these principles are closing just standard experience summary that humanity explores and induces from each kind of complex social phenomenon in thousands of years. The whole legal system"s designing has to be made in the attitude of fair and transparent because it stems from to the human own limitation profound understanding. No matter how wising of the authorities utilization they are， they could not go beyond own limitation， however， if we would like to constrict and reduce this kind of negative affection， the best way will be obeying the principles protecting fair and trial publicly. Our country has joined WTO， the following question is that how to improve our law system so that we could make International trail connection. Therefore， the definition of the principle of the procedural just is important for the whole law system， however， the understanding about these principles" value will influence the defining that we make for them. Finally， the both of the establishment of harmony and legal system society will also profit from it。
Author synopsis： Zhang Yi male born in May 1986. Qingdao university postgraduate.
（作者单位：青岛大学法学研究生）
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