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浙江大学学报(人文社会科学版) 1999
On Formal Justice and Substantive Justice
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Abstract:
The author makes an analysis of formal justice and its corresponding substantive justice. He believes that there are three forms of formal justics. One of them is the systematical justice which correspords to the social jushce; the second is the abstract justice that is of correspondency to the concrete one, and the third is the jushce of entity as well as the procedural justice, which, he finds,are homologous. He thinks that the three pattems of formal justice are closely relative to the rule of law. He has also analyzed the standards and their limitations of formal justice, which he declares are included in the rule of law. Finally he says, it means to initiate formalism when you practise the rule of law. In order to carry out the rule of law, substantive justice may be left out in two definite cases.