Minimum Justice Theory

Author: Wan Yi
Publisher:
Publish Date: 2006-01-01
Features: With the revision of China's Criminal Procedure Law on the horizon, we have always lacked a methodological guidance for the reform of the criminal procedure system. The theory of "minimal justice" is an effective method and strategy for guiding the transformation of the criminal procedure system. Its core includes two fundamental judgments or propositions: First, the ideal vision of China's criminal procedure system reform is to construct a "constitutional criminal procedure system." Second, the basic path of China's criminal procedure system reform is the acceptance and absorption of "minimal justice." The guiding role of the "minimal justice" theory in the overall transformation of China's criminal procedure system is reflected in: On the one hand, it acknowledges the existence of minimal justice requirements in human society, thereby providing a theoretical basis for the reform of China's criminal procedure system, which primarily involves legal transplantation. On the other hand, it also recognizes the relativity and diversity of justice, acknowledges the selectivity of legal system transplantation, and thus provides micro-operational steps for the current reform of China's criminal procedure system.