The Choice between Procedural Justice and Substantive Justice in Criminal Procedure-An Analysis Based on the Perspective of Law and Economics
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In Criminal Procedure, which is more important between the substantive justice and the procedural justice is a controversial issue for a long time. This paper uses the perspective and method of law and economics, introduces the concept of utility, and analyzes the utility balance of judicial justice. The theoretically analysis shows that there is a certain proportion of both substantive justice and procedural justice, which can maximize the judicial justice utility pursued by judicial organs. In judicial practice, when the actual situation fails to make the society get the greatest utility, we can adjust the proportion of procedural justice and substantive justice to increase the judicial justice utility.
Procedural justice; substantive justice; judicial justice utility; equilibrium analysis