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On The Modernization Of The Criminal Lawsuit

Posted on:2002-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z H WangFull Text:PDF
GTID:2156360032457254Subject:Marxist philosophy
Abstract/Summary:PDF Full Text Request
The modernization of criminal lawsuit is a historical period of the whole system of criminal lawsuit in a country or a district, where it gradually reflect, adapt, promote the (levelopment ten(lency of modern civilization from spirit or consciousness of criminal lawsuit to the institution of criminal lawsuit . It [s an organic entity where legal standard, legal procedure, ml(l legal consciousness are mutual ly connected and permeated . It includes the nlo(lcrnization of rules, legal consciousness, legal motion and legal organization of criminal lawsuit. Among it, the modernization of legal rule is a premised condition, the modernization of legal consciousness is an internal impetus, the modernization of legal motion is an (iynamitic practice, and the modernization of legal organization is an authorized hack i ng.To appraise whether it is a modern criminal lawsuit or not, we need see whether it has four types of values in content: the value of just ice , the value of democracy, the value of order and the value of benefit. The justice contains justice of entity and justice of procedur the former is the aim of the latter, the latter is the guarantee of the former. The inclination of (lemocracy is to strengthen the guarantee of human rfghts during the procedure of lawsuit under the condition of not weakening the function of punishing crime. The order is the base on which the civilized society rely for existence, whose function is to discover curb and warn the crime. The benefit means trying hard to improve the rationality of putting in and output in the lawsuit and reaching the beneficial maximum. Meanwhile, we should also see whether its form has attained the universal standards. These universal standards have given a series of "the lowest requirement" for different countries' criminal lawsuit judicial l)chavior. These standards are the most necessary ones, where its values mid targets become a moral foundation for (liffcrent countries' criminal lawsuit to rely on. It has surpassed the variety and peculiarity of politics, economy, culture, legal tradition and become very suitable in different countries. So, these universal standards become powerful amid scientific form ones to appraise the modernization of criminal lawsuit.The development of Chinese modernization of criminal lawsuit is not so smooth. It is a period of exI)loring the method of the modernizat.iomi of criminal lawsuit under special, concrete condi lions. As is said in my second part of my paper, we appraise the modernization of criminal lawsuit with content and form standard. As far as Chinese modernization of criminal lawsuit isconcerned, wecan see ithasattainnotonly incontentbutalso inform.We can say we have completed the modernization of criminal lawsuit. But due to peculiar national2conditions, there are still some obstacles. It lacks of science and democracy in legal rules, and lacks of human rights protection and justice in legal consciousness, and there are logical conflicts in legal motion and it is independent, in legal organization. In order to resolve these questions, we should open our mind, he brave to reform, boldly to use for reference so that we can raise Chinese modernization of criminal lawsuit to a new level.
Keywords/Search Tags:The Concept, Content and Organization of the Modernization of Criminal Lawsuit, The Content and form of the Modernization of Criminal Lawsuit, Chinese Modernization of Criminal Lawsuit
PDF Full Text Request
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