The basic principles for judging procedural fairness are: the principle of independence, the principle of openness, and the principle of hearing.
1. Principle of Independence
Independence means that judges are free from any external interference and influence in trial activities, can think and judge independently, and can make independent judgments in accordance with the law. The principle of independence is an important guarantee for judicial impartiality and the basis for the independent operation of judicial power.
The second is the principle of openness
Openness means that trial activities should be open to the public, the trial process should be open and transparent, and litigation participants and the public can directly observe and supervise the trial within the legal scope. process. The principle of openness is a necessary condition for judicial impartiality and can effectively avoid unfair behavior and abuse of power by judicial organs.
3. Hearing Principle
The hearing principle means that during the judicial trial process, litigation participants should be given sufficient rights to speak and defend themselves, and their statements and evidence should be heard. Judge fairly and within the scope of rights, duties and responsibilities. The hearing principle is an important form of judicial fairness and can effectively protect the legitimate rights and interests of litigation participants.
The realization of judicial procedural justice:
1. Judicial Independence System
The judicial independence system is a system established within the judicial organs, which can effectively guarantee the independence and impartiality of the work of the judicial organs. The judicial independence system mainly includes independent judicial power, independent procuratorial power, lawyer system, etc., which can guarantee the independent thinking and independent judgment of judicial organs in trial activities.
Secondly, the open trial system
The open trial system means that during judicial trials, the trial process and judgment results should be made public. The open trial system can effectively avoid unfair behavior and abuse of power by judicial organs, accept public supervision and accountability, and ensure the fairness and fairness of trial activities.
The third is the hearing system
The hearing system means that in the judicial process, litigation participants should be given sufficient rights to speak and defend themselves, and a full hearing should be conducted. The hearing system can protect the legitimate rights and interests of litigation participants, avoid erroneous judgments by judicial organs, and improve the fairness and impartiality of trials.