Study On Concept Of Current Criminal And Judicial Justice

To build modern countries under the rule of law is not only a requirement ofhuman civilization, but also a must for efficient social control. Currently, changingChina chooses the goal of building a socialist country under the rule of law. In thefield of criminal justice, people didn't agree to each on how to realize the goal. Somescholars think realizing institutionalize of criminal justice and perfecting legislationplay the important role. As long as a fair and rational law is made, there are laws toabide by. Others scholars set about institution to clear the vein so as to realize the goalof development. However, neither perfecting legislation nor establishing institutionreflects the basic law of social changes. In the history of human society any crucialsocial change built on the base of huge transition of concept. As long as under theguide of rational idea, legislation and judicial can have a clear direction, avoidingchaos in institution. Therefore discussing the problems in the field of criminal justice,it's crucial to make clear which concept can be the basic concept of criminal justice soas to avoid chaos in concrete problem. On the base of understanding of the idea ofcriminal justice, relative recognition should be sent back to practice to solve practicalproblems, guide concrete work and bring its function into play, and this is why wehave to make clear the goal of the idea of criminal justice. Therefore the thesisfollows system info——solves practical problems.The idea of criminal justice is a part of the idea of criminal laws, an importantstudy field in criminal laws and a practical task needed exploration. Before analyzingconcrete ideas of criminal justice, it's necessary for us to make clear the concept andfunction of ideas so as to find out start point in philosophy and logic. Therefore thestart point of the thesis is to analyze the concept and function of ideas. According tothe features and limitation of different periods, by semantic analysis, history analysis,conclusion in different periods from different angles, skimming the cream and gettingrid of waste matters, it is defined as follows: ideas refer to human conscious thinkingresults, on certain fields and practical fields with value orientation. But the mostmature ideas are always conveyed in the form of concept and rules. To make clear thedefinition of ideas, only understanding the definition is not enough——the level ofcombination of this abstract conclusion and practice is not high. Therefore, furtheranalysis in the characteristic, function, types and systems of ideas is necessary especially in terms of the discussion of system, so as to make clear the existence andfunction of ideas and point out the leading position of justice in the field of criminaljustice to lay a firm foundation for later discussion.Since justice should exist as the original idea in the field of criminal justice,controlling other ideas of the field, next job is to make clear the concept and functionof justice. In the history human the discussion of justice accompanied the formationand development of human society always. Justice was analyzed in different periodsby different schools in various ways sometimes even contradictory. By combing theidea of justice in China and foreign countries, especially on John Rawls'analysis onjustice, the writer put forward his own understanding about the idea of justice: justiceunder the field of criminal justice refers to use fixed criminal justice resources on thebase of guarantee individual basic right, and pursue the maximum profit of the societyby reasonable and legal criminal justice activities.Certainly, discussion in the idea of justice is not enough. After all the field ofcriminal justice is full of operability, therefore macroscopical idea of justice inconcrete field of criminal justice may have many different characteristics from otherfields. Therefore after macroscopical discussion, the idea of justice has to becombined with criminal justice, and analysis and conclusion on relative theory,practical situation and concrete thinking ways are keys to completely master ways thatthe idea of justice functions in the field of criminal justice. And then by concreteanalysis on the idea of justice of criminal justice, we can gain the inner part of theidea of criminal judicial justice, together with purposiveness, legality and rationality.On the base of understanding the concept and structure of the idea of criminal judicialjustice, analysis of the concrete functions of criminal judicial justice——valueranking analysis is not difficult.As long as the idea of criminal judicial justice is used to guide the practice ofcriminal justice, can it realize its value, therefore how to implement the idea criminaljudicial justice in the practice of our national practice of criminal justice needs furtherdiscussion. The fifth chapter and the sixth chapter start from two aspectsmacroscopically, discussing the problems during realizing the idea of criminal judicialjustice. The fifth chapter illustrates the problem of realizing the idea of criminaljudicial justice macroscopically. Macroscopically to realize the idea of criminaljudicial justice involves in criminal policies and judicial interpretation. Criminalpolicy is a general term for a country to anticrime, control crimes, maintain order andrealize justice. Criminal policy certainly guides penal application. The criminal policyembodying the idea of criminal judicial justice implements the idea of justice into the practice of criminal justice by guiding penal application. Therefore during the processof drafting criminal policy, the idea of criminal judicial justice should be the indicator.The criminal policy utilized in our country currently embodies the idea requirement ofcriminal judicial justice, which has good guiding for the practice of criminal justice.But as for judicial interpretation, it has more obvious function for the practice ofcriminal justice. The idea of criminal judicial justice should be the indicator duringthe drafting of judicial interpretation to make the applicability of judicialinterpretation more beneficial for realizing the idea of criminal judicial justice.The sixth chapter discusses microcosmic realizing the idea of criminal judicialjustice. The microcosmic idea of criminal judicial justice involves many concreteproblems in procedural law. The applicability of criminal law should insist theprinciple of modesty, which considers criminal law as the final method of regulatingunlawful act, and try not to use criminal law if other regulations can solve the problemso as to guarantee the maximum freedom of people. In terms of criminal procedureprocedural law, we should insist the principle of public hearing and judicialindependence to maintain the realization of justice. Besides perfect evidence rule anda scientific proving standard should be provided so as to provide judicial officials withstandard with strong maneuverability. What's more, ratio decidendi should beillustrated in criminal court verdict, and the open system of ratio decidendi haspositive influence on establishing reasonability of dealing with cases and guaranteeingrealizing criminal judicial justice. Finally reasonable application of legal reasoning,establishment of case guide and creation of analysis in criminal are necessarysupplement for realizing the idea of criminal judicial justice.The seventh chapter discusses the guarantee that the justice of criminallegislation has on realizing the idea of criminal judicial justice. The justice of criminallegislation consists of criminal legislation justice and criminal judicial justice. Thejustice of criminal justice can't live without the justice of criminal legislation. On theother hand, criminal justice is a touchstone of the reasonability of criminal legislation.Criminal legislation should embody the justice of criminal with criminal justice,among which criminal legislation is relatively stable idea of criminal law justice; butcriminal judicial justice embodies justice idea in criminal law dynamically.