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Study On Initial Stage Of Establishment Of China Criminal Litigation System

Posted on:2008-09-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:A J ZhangFull Text:PDF
GTID:1116360215490741Subject:Environment and Resources Protection Law
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Social control is the basic guarantee of well-liking development of the mankind society in line. In the long river the social change, order and out-of-order, control and out-of-control often appear alternately, but the whole civilizations develop to progress with society most carry out under the premise of the order and control by all means, and the good society control has included the meanings to promote just social change. The Chinese society of initial stage of establishment of China is the transitional period that new democratism revolution obtains the victory, and China from the semi-feudal and mi-colony society to the socialism society. In the period, the Chinese society has taken place the variety of root in the politics, economy, cultural and other scopes, completed the history of the Chinese society transformation. Under the history background that the basic transformation of the society structure and rank, the stratum benefits re- integrates, the party cannot but to enhance the society control by all means, if it wants to make stronger and extends the fruit of the revolution victory. At that time of the social conflict sharp and vehemence, the party cannot but to enhance the function of the society control by crime litigation, accordingly, the crime litigation system has the epoch characteristics, at the same time, the successful movement of the crime litigation mechanism makes it as the sill of the new Chinese crime litigation system.Initial stage of establishment of China criminal litigation system development is a decisive stage within the history our country crime litigation system, it is the solid foundation for the development of the current pertaining to crime litigation system. Comparing it to continuous several thousand years of traditional litigation system, initial stage of establishment of China criminal litigation system is an all new revolution judiciary trial. All in all, it mainly include following several content: 1) form instrumentalism criminal litigation conception. In the socialism revolution theories system, the property of the nation and law is a tool, the law view of instrumentalism spontaneously form instrumentalism criminal litigation conception. Under its leading, the socialism countries all regard the criminal litigation system as tool in making stronger the socialism revolution fruit, carrying out the society control and obtaining the huge success. At the period of the initial stage of establishment of China, instrumentalism criminal litigation conception has it a side of the rationality. In the conflict realm in politics, economy and culture, universally show the importance of crime litigation tool, in fine, Marx's instrumentalism national view and law views, adding Lenin, Stalin and Ze-dong's fulfillment investigate jointly compose the theories system of the socialism national crime litigation instrumentalism. 2) Construct dumb millions'inquisitorial litigation model. The social control is a process for interact, the positive interaction will urge the advantageous development of social order. While the social transformation background of the initial stage establishment of China, the constructing dumb millions'inquisitorial litigation model has completed the nation, the political party power in accordance with the dumb millions'right, and it make dumb millions to match with the society control power to accomplish society control by crime litigation. Under the power and right, powers and power, rights and coordination check and balance of rights, the typical model characteristic of the litigation mode presents out, catering to the demand of the social history development at that time. It is the characteristic of litigation model to combine dumb millions'right with national power. 3) Constitute the more perfect crime litigation system. The system design is the reflection of the lawgiver law idea, and the contents of crime litigation system initial stage of establishment of China exactly to response of the instrumentalism criminal litigation conception, and the function design of the dumb millions'inquisitorial litigation model also will present out through the litigation system necessarily. Take stock of the basic principle, basic system and basic procedures of crime litigation, it enhance the function of society control by crime litigation. The political party, the political power organization holds the power to make decisions in designing the crime litigation system on the foundation of people's opinion. It has created the condition to regard the judicial system as the tool of control society. The power is enhanced in the relevant basic principle, concrete system and procedures rule of the contents system, and at the same time, the accused human rights benefit has been recognition in part, but in the mass, the judicial power is not antagonized with the vindicate right. Therefore, the criminal litigation function is appeared at frighten criminal. At the history background, it is opposite science to regard crime litigation as tool in the class struggle, economy guarantee and social stable. 4) Run criminal litigation system with the characteristics ages. The fulfillment is unique standard that examines the truth. The content of criminal litigation conception and system entirely present itself in the three running method, and the three running method of policy leaded, sport pushed and people's participated has exerted the society control function of litigation principle, litigation mode, the litigation system and the litigation procedures, achieved the consistency of the practice and theories. Several years of fulfillment result prove that the criminal litigation system of initial stage of establishment of China is successful. Although, tasting with the modern treats, it may have the place of many non- reasonableness, even is not scientific, it has not only accomplished the history mission at complexion of less crime litigation lawmaking and heavy judicial mission, but also has provided the solid foundation for the build up of the socialism legal system and the development of the code of criminal litigation system.Currently, along with the politics, the economic system reform, Chinese society just experience the new society transformation, it arouses the benefits adjustment of society estate. As a result, it urges the society antinomy and increases the social unsteady factor, raises significantly criminal case rate. If the society order would be keep, it is the key that is a society transformation to achieve success, also is a big test to ruling party ruling ability. Nowadays the social people build up their the right consciousness with the contractual spirit under the market economy, and increase the request to the government. The government must choose appropriate tools of social control if they want to gain the people's supporting. Aim at the crime phenomenon of various type, it is rational choice to castigate the crime and frighten the uneasy member by utilizing criminal litigation. And the successful fulfillment of criminal litigation system of initial stage of establishment of China, it maybe use for reference to the innovation and developments of current criminal litigation and judiciary system.
Keywords/Search Tags:initial stage of establishment of China, criminal litigation, society transformation, society control
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