Abstract

The author's main argument in this book is that, according to the basic principles of legal procedure, and from the point of view of legal formalism, a prominent feature of Chinese laws is their lack of formal qualities. A basic premise of the argument is that, due process, as well as a system legal professionals, are a key element of Western legal institutions . It is not only the keystone for the modern law, but also the fatal factor for Chinese law to overcome the conventional shortcomings. The book provides an in-depth analysis of the signifi cance of legal formalism and the general principles underlying legal procedures. The three parts of the book cover a total of ten major topics in this fi eld. The four chapters in Part I focus on such foundational questions about legal procedure as g the basic features and elements of due process, the significance of formalism, inherent contradictions in legal procedures and basic theories of procedural justice. Part II has four chapters, which address various issues related to judicial procedure, the role of the judge, legal professionals and procedural ethics, and judges utterance . Discussions in Part III, which encompasses chapters nine through twelve, cover a range of topics related to legal procedure and constitutional governance. They include formalism and the constitution,the significance of legal process for human rights and for government administration and finally, principles for establishing sound administrative procedure.