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Sociological Analysis Of The Relationship Between Criminal Proceedings

Posted on:2006-01-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z ZhangFull Text:PDF
GTID:1116360152988035Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Taking the relations in criminal litigation as research object, this thesis analyzes actual operation of it by application of theories of the sociology and the method related. It is discovered that apart from the facts and evidence of the criminal cases, the social structure of cases has great impact upon not only the relation in criminal litigation but also the process and consequence of the cases. For the overall structure, this article includes three parts as follows: the introduction, main body and the conclusion. The author briefly explains the research object, namely the relation in criminal litigation, in the introduction part, and mapping out the textual range of research. Additionally, it has expounded and proved the great study significance from the angle of the sociology subject. The main body could be divided into three parts: The first part provides an analysis of the process how the criminal litigation subject takes on a role, which is supported by the "role" theory in sociology. Litigation roles form the foundation in the relation in criminal procedure. In this part, Chapter I firstly explains the concept of litigation role and analyzes composition process of it. Chapter II explores the problems that the litigation role may face up with when he or she acts as a "role". The highlights are about the mechanism how criminal litigation subject play the role, inclusive of the function of litigation rules, "short-term credit" regulations, exclusion of barriers in litigation, urging mechanism, utilization of positive factors, the issues of "misleading performance"," role construction" and so forth. Due to the complexity of role developing process, problems of role maladjustment would frequently surge at the time of litigation role acting. This article puts forward some solutions along with analysis of its reasons. Chapter III mainly analyzes the out-of-court roles of the litigation subject and its influence on lawsuit. With examples of "inferior group" in criminal litigation and a variety of concrete evidences, the paper shows that social structure of cases have great meaning to litigation process as well as final outcomes. The author applies the sociology theory of "conflict" to the second part. This article discusses the conflict of interests in the relations of criminal litigation, where conflict of interests is the essence. On the basis of evaluating the jurisprudence essence of the conflicts, Chapter IV in this part puts forward a proposition that "conflict of interests is the origin of criminal litigation" and subsequently makes detailed argumentation. Afterward, it carries out comprehensive analysis of this issue and explores the underlying reason for maintenance of the conflict of interests. In terms of effects of conflict of interests upon the criminal litigation, this chapter analyzes their mutual relations, ranging from the interests conflict and litigation cost, the interests conflict and evidence disclosure to the mental reaction and interests conflict. Chapter V discusses the influence of conflict to criminal litigation with the platform of litigation structure. It firstly argues the significance of interest conflicts to the development of litigation structure that is "conflict of interests makes litigation structure clear", and then works on the relation between conflicts of interest and litigation structure. In the first place, conflict of interests could produce a tense litigation structure. In the second place, it can integrate litigation structure. Moreover, this article analyzes the relationship between conflict of interests and structural balance in litigation, demonstrating the significance of judge's neutrality to the structural balance in litigation. Chapter VI views from structure and element function respectively and relates to the influence of conflict of intersts upon the function of criminal litigation. The third part makes a thorough analysis of the subject behaviors in litigation through the application of the "interaction" theory in sociology...
Keywords/Search Tags:Sociological
PDF Full Text Request
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