On The Legitimacy Of Criminal Judgement

At present , the increase of the criminal appeal cases and the distrust of criminal judgement of Liuyong case, the approval crisis of criminal judgement becomes the bottleneck which perplexes the reform of criminal procedure law of our country. In the course of the criminal procedure law reform, the discussion of this problem is historical responsibility that an academic researcher can't avoid. For a long time , research methods of our country criminal procedure are fairness , human rights ,which promote the modernization of criminal procedure law of our country. However, using one research method limits our research view of criminal procedure law. Therefore, we should give off traditional research methods, and use the view of politic-social science to discuss the problem of our criminal procedure law.The vision of the concept of legitimacy, regarding criminal judgement as breakthrough point, obtaining the public's content of considering criminal judgement, will probe into the criminal judgement of our country and solution of the criminal judicial system trust crisis.It is feasible to use this concept of legitimacy to study the criminal judgement problem in the research field of criminal procedure. Legitimacy research on the area of national common power, and the criminal judgement is a result of this kind of state power operation. As a kind of national common power, the power of criminal judgement also has the basis of national common power. In this way, the legitimacy problem of criminal judgement does not have any obstacle in the category of state power. In addition, in the social controlling mechanism of the law, the criminal judgement is undertaking the function of society-controlliing, which is closelyconnected with actual effect and the public's identification with criminal judgement, therefore, criminal judgement's function of society-controlling requires criminal judgement have high legitimacy of degree too.There are two kinds of normal form in the cognition of legitimacy concept : empiricism cognitive normal form and standardizing cognitive normal form. Because of standardizing cognitive normal form being the major normal form at present, so criminal judgement concept of legitimacy should define with multi-visual angle too. Therefore, the legitimacy of criminal judgement is that, the criminal judgement has unity of inherent value and objective result,which is admitted and obeyed actually. It is a kind of attribution of criminal judgement , is also a kind of attitude that the public treats criminal judgement too, so criminal judgement is two-dimensional in the subject: The legitimacy of criminal judgement reflects a kind of relation between criminal judgement and the public. In addition, because the criminal judgement is a kind of attitude that the public treats criminal judgement, so the inherent structure of criminal judgement legitimacy includes such factors as the emotion , cognition and purpose ,etc, they are all important factors which influnces criminal judgement legitimacy. Obviously, criminal legitimacy differ with criminal legality, criminal rationality and fairness.Any concept needs certain theory to support. In different historical periods, the theoretical foundation of legitimacy of criminal judgement have distinct characters. Among modern society, the theory of Rule-of-law becomes the foundation of legitimacy of criminal judgement because it has strong merger ability." the law is the highest " and " the rule is managed " have offered the support for legitimacy of criminal judgement respectively.In the category of the legitimacy concept of the criminal judgement, legitimacy appraisal is an important content. The legitimacy appraisal of criminal judgement helps to combine criminal judgement realization, improve the grade of criminal judgement and promote the criminal judgement to construct the mechanism rationally. The appraisal of criminal judgement legitimacy, carried on according to certain standard, its standard is also a system: obeying on the experience aspects, according with justice in standardizing aspects.Certainly,because criminal judgement legitimacy reflects the public attitude of criminal judgement , so, authoritative andinherent value of criminal judgement, the public's trust and faith in law to criminal justice exert an important influence to criminal legitimacy appraisal of judgement.The acquisition and maintaining of criminal judgement legitimacy all depend on the legality of criminal judgement. Legality of criminal judgement is the course of the legitimacy of criminal judgement, including legalize initial-legal type and relegal type. As the acquisition of criminal judgement legitimacy, legality of criminal judgement undertakes to produce and maintain the legitimacy of criminal judgement In addition, it also ensures the function of the ability of social-controlling and maximizing the public's intrust. Therefore, legality of criminal judgement should go on in criminal judgement and the public separately. Legality of criminal judgement as the center requires the legality of judges,the criminal law, systems, environment and judgement documents. Legality of the public as the center demands to combine the public values, improve the public's trust of law ,the level of cognition of law and their motion. The article regards, that in the modern society, the method of legality of criminal judgement should be based on reason, supplemented with sacrilization and socialization.The theory serves for practice. In the vision of the legitimacy concept, according to the research of the legitimacy of criminal judgement legitimacy and the legality of criminal judgement, the criminal judgement of our country faces the legitimacy crisis. Legitimacy of our country's criminal judgement turns into deficiency , judicial misplace and structural defect of judicial culture. As to this , solving the legitimacy crisis of criminal judgement of our country at present, should transform re-legality of criminal judgement, make the criminal judgement regain the legitimacy. On the choice of the concrete route , combining with the origin of the legitimacy crisis of criminal judgement of our country, re-legality of criminal judgement,should promote the motive power of the legitimacy of criminal judgement, and mediate the contradiction and conflict between elite's words and masses' words of criminal judicial reform, on the other hand, improve the structure of traditional legal culture.