看得见的正义（经典再版，法学入门必读书）

by 陈瑞华

《看得见的正义》是经典著作的再版。本书第一版2000年出版，在法学界很有影响，对于普及程序正义的理念起了重要的推动作用。十年之后作者对全书进行了全面修订，全部围绕刑事诉讼法的经典格言展开。陈瑞华教授十年之后面向社会再度普及法学常识：正义不仅要实现，而且要以人们看得见的方式实现！ 本书适合法学院学生、公检法、律师等司法领域的读者阅读，也适合对法律感兴趣的普通读者阅读。

227 pages, Kindle Edition

Published July 15, 2013

Reviews

[Intelligent Sheep · Rating 5 out of 5]

Justice can be recognized as substantive justice and procedural justice. Substantive justice is aimed efficiency and the result. While Procedural justice is aiming at the law process. Normally, the western countries are weighted procedural than substantive law, like the UK believes in the natural law, US believes the the Juris system and procedure.

Noticeably, the procedural justice is built on the foundation of morality, the law made by Nazi and Japanese militarism, which obviously violate the humanitarianism, cannot counts. Yet, China is attach more importance to substance justice, which always ignore process, though it has its pros—— high efficiency. Another traits of China is more about power than right. For example, we can see many examples from life, like it is really sophisticated to acquire one operating license, there are many formalities in applying for some certificates. These cases show that China dilute the human right given from the constitution by increasing the power of government.
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Kant's core has been shown in law greatly: respecting others——Human beings are ends, not means.Act in such a way that you always treat humanity, whether in your own person or in the person of any other, never simply as a means, but always at the same time as an end.

[Lyset · Rating 5 out of 5]

對於洞悉體制的讀者而言，可以說是知識分子的老生常談、天真祈願；對於那些不懂體制僅保有好感且希望學法的讀者而言，這算是一本顛覆認知的法學入門書。記得羅翔老師曾在一次演講中談到他問自己的學生「中國的基本大法是什麼」「有學生說是憲法」——「這就是學法學傻了。中國的基本大法是領導的看法呀！」這固然讓我感到心酸，心酸的不僅僅是因為羅翔的話太過真實，更是因為我們已然喪失公開認同羅翔這段話的權利。