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The Philosophy Of Law Of Criminal Procedure To Justice

Posted on:2001-09-10Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z J SuoFull Text:PDF
GTID:1116360002452502Subject:Procedural Law
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The author studied the issue of logical structure and value of criminal procedure from the jurisprudence point of view in this article. Because how to understand the facts in each case decides directly the understanding of the value of criminal procedure, the study on fact issue in criminal procedure is also a part of this article. The theme of this article is that there is strong connection between logical structure and value concept of criminal procedure, so the value concept decides the logical structure of criminal procedure while on the other hand the logical structure reflects certain value concept. The issue of fact cannot find a standard for judgment beyond the criminal procedure, it must be settled according to the criminal procedure. We must respect criminal procedure and it value and realize ule of due process of law? in criminal justice if we want to construct a rule of law country. There are three parts in this article except the introduction: legal ontology, including chapter two; theory of cognition, including chapter three and four; legal axiology, including chapter five and six. Chapter One: Introduction (Methodology) The author discussed the major theoretical issues from the jurisprudence point of view. There are three schools of legal methodology: value analysis method of Law-of- nature School, logic analysis method of Analytical School of Law and sociological analysis method of Sociological Jurisprudence. The first two methods were used in this article. After reviewing the study of criminal procedure from the jurisprudence point of view both domestic and abroad, the author hold that further study should be done on the logic structure and value of the criminal procedure. Chapter Two: Factors and Structure of Criminal Procedure. It is widely accepted that factors of law include legal rules, principles and concepts. There is big difference between the rules of substantial law and the rules of criminal procedure that include substantial rules and enforceable rules, which is typical procedural rules that have very complex structure. The factors of criminal procedure include subject, conduct and object. The goal of principles of criminal procedure is to coordinate the relationship between the factors. Therefore, the principles can be classified into principles of subject, principles of conduct and principles of object. The theory of rules and principles of criminal procedure is helpful both on research and in practice. Chapter Three: Theory of Cognition in Justice There are four theories on finding the fact of a case: theory of objective truth, theory of subjective truth, theory of legal truth and theory of no truth. Each theory has shortcomings but each of them is useful. The author criticized the theory of objective truth with three reasons: logical contradiction, wrong theory and being afraid of truth in practice. According to the Marxism, the author suggested the basic theory of cognition in justice: theory of objective and subjective cognition, theory of absolute truth and relative truth, theory of true and proper cognition, and practice standard for cognition. Moreover, The author criticized the subjective cognition and suggested legal truth theory based on the dialectical materialism. Chapter Four: Legal Truth Theory and Evidence Theory Legal truth theory is a standard decided by the value of criminal procedure. We must respect the criminal procedure embodying value of procedure when we finding...
Keywords/Search Tags:Philosophy
PDF Full Text Request
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