On The Value Of Criminal Trial

On the value of the research method refers to the philosophical discussion on the value of the methods and thinking of the legal research and analysis of the phenomenon. This paper will be studied as a criminal trial, the use value of the research methods, the issue of the criminal justice system is the theory expounded by the value of the criminal justice system and criminal justice issues related to the value of an in-depth study of the system. The full text of nearly 200,000 words, in addition to the introduction and conclusion, is divided into four parts:The first part, Introduction to the value of criminal trials. To dialectical materialism and historical materialism as a guide, with the criminal trial of the basic theoretical issues related to a general review. This section mainly on three aspects:A criminal trial over the value of that. During the inspection, the value of the article in the philosophy of the meaning and scope of the legal value of doing a brief historical review, in accordance with the requirements of the criminal justice and its own structure, to define the concept of the value of criminal trials. On this basis, the value of foreign-related criminal trial on a general theory to do with the assessment.Second, the value of a criminal trial. Justice will be the introduction of criminal trials and justice based on the content of the study, the value of a criminal trial of two elements, namely justice and procedural justice entities, and, through articles in the criminal trial of the value of the binary logic elements of the analysis, Set out to coordinate their balanced basic ideas.Third, the criminal trial of negative value. According to contradictions between the law of criminal trials with negative value of the concept, and further analysis of criminal trials have a negative value and its specific performance.The second part, the value of rational functioning of the criminal trial. Criminal justice from the concept of value and to realize the value of the real state of the campaign process, and explore its rough outline of the criminal justice movement between the basic line. This section mainly on three aspects:First, the criminal justice movement between the theoretical value of integration. Criminal trial of relations campaign to target the criminal trial of criminal justice and the value of setting goals for their chosen mode of preconditions. The article maintains that punish crime and the protection of human rights is a criminal trial value target, so that the value of goal-model divided into interrogation and debate-and be analytical.Second, the criminal justice movement between the reality of the value of integration. Relations from the criminal trial of the concept into practice to go through an intermediary links, namely the conduct of judges and procedures of interaction. The article on this as a criminal trial on the core value of the relationship between judges and acts as a vector of criminal justice procedures between the value of the study were launched.Third, the relationship between the value of criminal trials end of the campaign. After the criminal justice movement between the value of integrating theory with the reality of integration, the ultimate outcome of the criminal trial was the criminal trial of relations campaign will come to the end. The article points out that the value of relations between the criminal justice movement is a sign of the end of the implementation of criminal judgement.The third part, the realization of the value of criminal trials. Based on the criminal trial of the basic principles of relations campaign to a social vision of the law, criminal trials do realize the value of the empirical study and preliminary study. This section mainly on three aspects:First, the value of the criminal trial of basic principles. Criminal trial of the value of the basic principles in the context of achieving value in the course of criminal trials must comply with the basic criteria. The article emphasizes that crime should be punished and human rights at the same time take care of both entities and justice and procedural fairness of criminal justice mutual unification as the value of the basic principles.Second, the value of the criminal trial of preconditions. Criminal trials must have realized the value of the full attainment of the prerequisite conditions. The article maintains that, the criminal trial should have realized the value of the two preconditions: First, law enforcement officials with the value of good cultivation and the second is the trial of the structure has a good set of values.Third, the value of the criminal justice system. The criminal justice system is the value of the multiple and diverse, the article only the most basic and most important mechanism for the realization of equality, including v. identified, the judge neutral, controlled trial separation, the presumption of innocence to inspection and analysis. Part IV, the value of China's criminal trial reflection. In a pragmatic spirit, China's criminal trial against the value of the status of a rational analysis and abduction. This section mainly on three aspects:First, our analysis of the criminal justice values. China's use of theoretical analysis of criminal justice and the spirit of the inherent characteristics of value, then the value of China's criminal trial to evaluate and determine the value of China's criminal trial practice type of approach, articulate their values and their criminal trials in accordance with the value orientation and significance.Second, China's criminal justice obstacles to the value of the inspection. Face the reality of China's criminal trial difficult to fully reflect the value of the unsatisfactory state of analysis, affect the value of China's criminal trial is a major obstacle: the deep-rooted traditional values, the low quality of judges, the unbalanced structure of procedures, the lack of protection mechanisms rigid.Third,, the value of China's criminal justice system to achieve the perfection and Construction. In view of the value of the status quo of China's criminal justice thinking, integrated value of China's criminal trial in the judicial practice of obstacles to the realization of the value of the criminal justice problems, to reform and improve the value of China's criminal justice system to achieve the initial vision. This section mainly on three aspects:First, the criminal justice system to achieve the value of a sound legal principles. Improve the value of the criminal justice system, must reflect the values requested by the principles of the domination and guidance. The article should be established that the five principles, namely the principle of impartiality, legitimacy of the principle of democratic principles, the principle of efficiency, the principle of independence as a basic principle of system.Second, establish Justice system, scientific management of judicial personnel. According to the judge's own particular, the article should establish and improve the system of judges and from the quality of judges, the judges job security, the responsibility system for trial judges on the three aspects of its specific content, designed to enable judges of the management of scientific and legal.Third, establish a scientific system of criminal justice, and optimize the overall function. The article focused on the criminal trial of the value of the overall development strategy, according to the principle of practice and from the operational point of view, the criminal trial process of reform and improvement of the initial ideas.