What is this dispute s essence? How to eliminate misunderstanding and coordinate with the difference? How to grasp the essence of the Individual Penalty Theory and make our choice in criminal law? This paper will put Individual Penalty Theory into form justice and real justice, legislative power and judicial power, and the costs and benefits framework and fo.

Formal justice and substantive justice are the values of rights and obligation distribution in modern and contemporary law respectively.

We compare the value of Economic Law with that of Law, Civil Law and Administrative Law in order to find that the value orientation of Economic Law is pursue substantive justice, social benefit and harmony of economic freedom and order.

In the postmetaphysical society, the criteria of substantive justice are challenged because of the ruin of the traditional metaphysics, which is the starting point of reflection on justice.

Protecting disadvantageous persons has become one of the trends in legislation in private international law,which reflects that the aim the private international law pursues has transferred from "formal justice" to "substantial justice".

In this article, the author tries to analyze the substantial justice, social efficiency, economic security and balance of economic law to indicate the value difference between economic law and civil law.

Despite the different situations, the substantial justice of tax law demands the formulation and implementation of tax law should have adequate consideration of the difference in tax payers income level, social status and their financial burden.

The way of thinking of Chinese traditional judicatory activity,whose best entitative character is based on the pursuing a idea of harmonious and non-lawsuit,emphasizing essential justice and making concessions to avoid trouble,brings up a agriculture nation with vast of population and a harmonious peaceful life.

The value orientation of this law system lies in its essential justice and process justice and thus,with the entity factor being in nuclear position and the process factor in auxiliary position.

This article is based on the restorative justice,and persues the aim of protection of victims rights which connect the real justice.

The value orientation of international private law has changed from conflict justice to material justice,which includes the application of the principle of closest relationship,the emphasis on the protection of individual interests and the realization of the material justice in judicial practice.

Conflict law does not mean to pursue conflict justice only and thus disregards material justice.

The material justice is the only choice.