The Preliminary Research On Criminal Judgment Rule

Criminal judgment rule is the symbol of criminal litigation system's improvement and democratization and legalization of criminal litigation because of its own characteristics. In order to make criminal litigation have reasonable change and realize modernization, criminal judgment rule must improve and reconstruct. It is the direction of criminal judgment rule's development that we establish conformity, analysis and summarization of criminal judgment rule that will make further improvement and finally set up a scientific system. Moreover, the ideal form should include the system of both the rules of free-judge right and the rules of criminal procedural judgment, writer call this form "double deck system".The essay firstly defines criminal judgment rule and concludes the limitations of criminal judgment rule at the present state based on the investigation of criminal judgment rule inside and outside China. Then according to modern litigation, construct a double deck system of criminal judgment rule aiming at the present problems. There are four parts of the whole essay regarding the framework. The first chapter is about the definition of criminal judgment rule and the function and merit of criminal judgment rule. In this chapter, the author try to define criminal judgment rule in inferential way from judgment to criminal judgment and then to criminal judgment rule and finally the author discusses her own understanding about the basic meaning of criminal judgment rule. Follow this, to be more serious it analyzes deeply about the function and merit of criminal judgment in the field of criminal legislation and judicature.The second chapter is to investigate foreign criminal judgment rule and especially introduce the state of criminal judgment rule in both the British and American system of legislation and the continental system of legislation and finally compare the two systems. The third chapter is to investigate criminal judgment in China from common and particular judgment rule. The fourth chapter based on the conclusion of the former chapters establishes a system of double deck criminal judgment rule regarding the present situations and legislation structure and takes the inosculation of this system with the present judicature into the...