Font Size: a A A

Research On Criminal Justice Machinery

Posted on:2001-08-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:J W ZhangFull Text:PDF
GTID:1116360002952505Subject:Litigation
Abstract/Summary:PDF Full Text Request
This dissertaion is divided into three parts: ifitroducton, the text and conclusion.The text consiSts of tWo volumes, the former includes five chaPters and the laterincludes seven chaPters.l .Judicial powerThe sense of justice in china is different from the current sense in the world. Theauthor analyze the featurs of criminal judicial poweL The nta of judicial power isjudgement. It is a passive, divided, imPanial and final poweT, The prosecutorial powerhas double natUres: it has the nature of judicial power in deciding which cases will goto cowts, and at most of stages it is a positive power as execlltive poweL Soprosecutorial power is called quasidudicial power.2.The idea basis of criminal justice machineryJudicial rationality is on the basis of national rationality Only when the rightideals of the pmposes of country and the relations between the people andgovearient have got the beSt over the unjust thoughts, far and imPanial trial cancome into being. Modern criminal justice machinery is on the basis of popu1arsovereignty, idea of check and balance of powers and idea of rule of law The aim ofthe judicial reform ought to carry through these ideas and safegUard to realize judicialfarness.3.Judicial indePendenceUsing a made distinction, we might evaluate the criminal justice machinery onthe basis of either a indePendent justice model and a contrOlled justice model.IndePendent justice model includes three factors: indePendence of judicial power,indePendence of court and independence of judge. The standards of judicialindependence enacted by the intemational society migh be abstracted to bindependence of judge. The process ofmodendzation of judicial machinery is that thechange takes place from controlled juSice model to Independent justice model.Majority of the countries in the worid practise the Independence of judge. In thischaPtef, the author suggestS to adopt IndePenden justice model instead of cofitrOlledjustice model in China.4.The characteristics of the prosecmerial organizationProsecutorial organs, esPecially in countries of Continental Law System, praCticethe principle of prosecutors in unity Howevef, each of prosecutors has relativelyindependent power to deal with the legal cases. The reform of prosecutorialorganization is necessary to esta'blish the vertical leadership system in prosecotorialmachinery and to give strength to the Prosecutors' relative indePendence. The authorcomPared the prosecutorial organiZaion and judicial organization in this chaPter5.System of reeduc ation-through-laborThe exclusive control of the judicial power by the coUrts is an essential elementof judicial independence. But it is not rare that some executive organs carry judicialfunction. HoweveY, the power of imPrisonmCll cannot be tranSferred tO executiveorgans. The system of reeducati on-through- labor consists of dePrivation of freedomand comPulsory laboT, just as penal servitude. So the powe tO decide to reeducateought to be handed over to the coUrtS. Or the system of reeducatioAsugh- laborshould be abolished.6.Overcome the bureaucracy in criminal justice machineryA judge is different from an official in the civil service of counry; the coUrts area1so different from the executive branches. Disregard their differences will productbureaucracy in justice machinery and the bureaucracy almost always brings injusticeto the criminal trials. A lot of measures should be performed to overcome thebureaucracy For exaInPle, the hierarchy should not be cAned into execution incriminal justice machinery7.Administraion of laws by the eliteIt is very imPortan that a judge have abtmdan knoWedge of laws andjuriSPrudence, judicial experience and general experience, imPartial charaCter, sPirit 2of indePendence and cultivation of the hUIn...
Keywords/Search Tags:Research, Criminal Justice Machinery, Judicial power, Judicial independence
PDF Full Text Request
Related items