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Research On The Public Identification Of Criminal Judgment

Posted on:2021-12-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:G Q ZhangFull Text:PDF
GTID:1366330632960587Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Judicial credibility is both the foundation of the social credit system and one of the most vital standards to measure the construction of the rule of law.The high identification,confidence and recognition in the administration of justice from the public shows the symbol and value of the success of judicial work.As the most important ingredient of judicial public recognition,public recognition of criminal justice becomes the most direct and vivid embodiment of the masses’experience.As a whole,the judicial big data,which contains the rates of appeal,protest,revision and so on over the years,show that there is no doubt about the overall impartiality of criminal justice.However,in reality,because of the trait of criminal cases that ’The administration of justice is a priority of any state People who died cannot revive and limbs which are cut cannot grow back.’ The case is likely to attract wide public attention and participation,which may lead to "over-generalization" and doubts in the recognition of criminal judgment.On that account,this paper tries to solve the problem that under the premise that there is no doubt in the overall fairness of criminal judgment,how to remove the public’s suspicion of the public identity of criminal adjudicationIt is a systematic project to enhance the public recognition degree of criminal judgment.From the angle of subject,which involves three kinds:the court(the subject of criminal judgment),the public(the subject who evaluates the sentence)and the media(the subject who interprets and disseminates the sentence),and the effective interaction among the above three is the key to improve the public recognition of criminal justice.More precisely,there are two main questions in real life:One is that most people do not understand the laws and the other is that media based on commercial or other factors hype things up.Therefore,the comprehensive analysis of these two problems can provide the corresponding ideas and solutions to solve them.Under the premise that judicial authority is the basis of the public recognition of criminal judgment,this paper has carried on the pertinence elaboration from the angles of courts and judges respectively.As for the court,the improvement of the public recognition of criminal judgment involves many factors,such as the authority of the court,professional image of the judge,transparency of the judicial power exercise process,fairness of the judgment result,etc.So,the court should improve the system by combining the factors of the court’s authority,which mainly includes the content of legal judgment and the improvement of the standardized system of sentencing.As for the judge,it mainly includes judge’s quality,judge’s ability and corresponding guarantee system.Among them,judge’s salary,promotion and punishment are the important parts to solve the problem of judge’s quality.Besides,improving the reasoning ability of criminal judgment documents is an essential aspect of improving judicial ability.And,it is also an critical aspect of for guarantee system to establish and perfect the professional immunity system and the management system of judges.As for the public,it is the evaluation subject of criminal judgment,but not a collection of unanimous opinions.It can be divided into two types:the individual public and the interpersonal public.And this paper only deals with the individual one.In terms of behavior pattern,the public of individual type has the characteristic of "temporary group",that is,the individual is in an irrational state in the group.This point is very obvious in its appeal to "heaven and human".As for the media,both judicial big data and research results have proved that it is a key factor affecting the public recognition of criminal judgment.The media,including the media and lawyers,which is the intermediate carrier connecting the public and the court,is also the subject interpreting the criminal judgment of the court to the public.It has two characteristics of publicity and profit-driven,and the latter is very prominent in We Media and other emerging media.From the two aspects of strengthening the construction of relevant institutions and professional ethics,this paper demonstrates the strengthening of the common attributes and canonical profiteering attributes of media.To a large extent,the dissemination of criminal judgment belongs to the secondary dissemination,and lawyers are the opinion leaders of the secondary dissemination.Lawyers have dual character in the secondary communication,and their duty of discretion is an important entry point to improve the public recognition of criminal judgment.This paper carries on the system elaboration to this,and put forward some related suggestions on current regulations and improvement measures of our country after referring to the domestic and foreign relevant regulations.This paper mainly adopts normative research method,case study method and questionnaire research method,that is,the collection and collation of relevant academic data.It mainly includes relevant academic viewpoints,relevant research reports,and relevant case studies.Regionally,it is mainly domestic,and the relevant foreign data are only the part cited in the relevant domestic research results(that is,the targeted collection of foreign data is not carried out because of its limited value).In terms of discipline,it mainly focuses on law,taking into account social studies,economics and other disciplines for researching questions.The mentioned case study method is making specific research on specific cases.And questionnaire research method means conducting a questionnaire survey on the authority of the court and the factors affecting the public recognition of criminal judgment.
Keywords/Search Tags:Criminal Adjudication, Public Recognition, Judicial Authority, Silence Obligations
PDF Full Text Request
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