High score! Reflections on Visible Justice

Chen Ruihua, a professor at Peking University Law School, spent a day reading early works. This book is wonderful, of course, it also messed up my plan. Some people say that you should never arrange your life so tightly, because you can't avoid that a good book you appreciate will disrupt your life. This book by Chen should come into my life under such circumstances. Know the author, of course, the author doesn't know me. I first met him in legal media, such as legal daily and other newspapers. I learned that there is such a legal scholar, and his criticism of the current judicial system in China, especially our current court trial system, deeply touched the author. Therefore, in this resentment or unwillingness, the author plays the role of an intellectual, trying to promote the reform of some systems or things around him with the power of scholars. Of course, this kind of role, in Peking University, in the legal field, is not only the author, like He Laoshi, who is familiar to everyone, also belongs to this category. They all have deep feelings for the rule of law in the west, and practice it, enlightening people's wisdom with the so-called modern civilization concept of rule of law in the west, and promoting the evolution of some things, sometimes even fundamentally. This may be a little different from the local resources advocated by Su Li. Observing our society from an external perspective is the common feature of these intellectuals. Until now, I still remember Chen's principle of prohibiting double jeopardy, which is also his criticism of some institutional defects of China's judicial system in public, such as retrial system and pancake phenomenon in judicial trial in practice.

Later, when it was time to study the criminal procedure law systematically, the speaker, Mr. Liu, praised his "Frontiers of Criminal Procedure" and encouraged students to read the author's book with encouraging language. Of course, for some reason, I haven't read this book comprehensively until now. Although I know there is a second edition now, and I do have a borrowed one at hand. But I think it is also one of the must-read books in the future. Perhaps it is because the emergence of new voices in this era has become a necessity.

Justice should not only be realized, but also be realized in a visible way. This old legal proverb explains the essence or idea of justice. It also makes a reasonable position for the judiciary, or finds its proper destination. As an activity, judicature should be a procedural activity. Like the production of a product, we should not only pay attention to the product off the assembly line, but also pay attention to the production procedures and processes of the product. The same is true of justice. It should, and even must, show people that a fruitful judgment has a reasonable and convincing process. This is the most intuitive feeling of justice when I read a book. Another thing I like about the author in the book. He can start from the point, and the writing path of the face also makes me pleasing to the eye. Remember to talk to a close friend about the writing method of legal works. I, Kan Kan, expressed my admiration for a writing method, that is, when reading a book, readers can feel the pleasure of trickling into the sea. Specifically, this is a writing method that sees the big from the small. Meaningless, the writing of this book has such characteristics, whether it is the author's interesting participation or meaningless concern.

The author can peep at the disadvantages of the whole judicial system from the reform of trial mode, and make a systematic and profound analysis of it in the future, which should be regarded as a feature of this book. The scope of discussion can be said to be relatively broad, with judicial nature, such as judicial experience, judicial concentration, judicial passivity and so on. And the reasonable positioning of administrative power, which are little known in academic circles, of course, in today's view, there may not be so-called transcendence. After all, these western things have been well known by people in academic circles, even a law student. Specific problems show common problems, which is the author's original.

In addition to the above points, the most conspicuous place in this book lies in the popularity of language and the choice of cases is quite typical. Nowadays, in the field of law, it is common to explain the text or thought of such a profound legal theory in popular language. Both teachers and students can try to do a so-called small-scale publishing operation. To borrow the author's words, this may be one of the effects of legal socialization brought by judicial socialization.

Throughout this book, we can also find that the words used by the author are completely western rule of law, which may also represent an observation dimension of our current judicial system reform, that is, to transform our society with a so-called modern and advanced civilized system in order to realize the ideal of innovation. But this kind of thinking, since I read the author's exposition on the local resources of the rule of law, has also produced some doubts and even doubts. How to realize the organic connection between the future system and our existing social structure is one of the problems that the author of this book has not paid attention to. Perhaps, as He Laoshi said, we will have the ideal effect of guiding the rule of law with concrete measures, but this cannot rule out the tragic situation of grafting failure, and this double ending is also a realistic but long-term problem that every legal scholar must demonstrate and think about. Advocating procedural justice is the condensation of the author's thoughts in this book.