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Detailed Analysis Of Judicial Justice And Several Questions,Which Influence Judicial Justice In Procedure System In China

Posted on:2003-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:D S WenFull Text:PDF
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Judicial Justice includes result justice and procedure justice. The result justice refers to justice of judgment, the procedure justice just means justice of process. Due to the irreversibility of time and the vagueness of language, the litigant and public in many cases can not accept the entity justice. Traditional theory of constitutionals advocates ensuring democracy through system of procedure. Democracy is justice. The procedure justice can clear up suspicion from the outward appearance of trial, and can make decision basing on dialogue. This kind of decision has the character of which may be accepted easily and reasonably by the litigant and the public. Generally speaking, the process of making decision is justice, so is the conclusion of trial in the eyes of the public.Judicial justice of criminal is from of two prates: one is entity justice, the other is procedure justice. Criminal verdict is made according to Criminal Code, which regulates the crimes; the responsibilities and the punishments are consistent with the public's value sense. So the conclusion justice is paid attention to by nations of the continental legal system. Nations of the common legal system, which pay attention to the accused some rights to prevent abusing, power from judicial, societies of experienced a long history from Accusatorial Model to the Inquisitorial Model to Mixed. It is a seeking-absorption word and constitution-emergence history. No single criminal proceeding model intoday's world Every country has its own model. Many countries may either with the adversary doctrine as the main principle and the inquisitorial doctrine as supplementary or with the inquisitorial doctrine as the main principle and the adversary doctrine as supplementary. The major trend of emergence is setting up the principle Presumption of Innocence to entitle to the suspect and the defendant the right to defense in order to check Judicial organs, then realize judicial justice.In criminal proceedings system in China, there is a basic principle "The people's courts, people's procreates and the public security organs dividing the responsibilities, coordinating their efforts and checking each other", and emphasizes the common goal in judicial practice. In the design of criminal proceeding ways, there is a policy "Leniency to those who confess their crimes and severity to those who refuse to". Under the guidance of this policy, though we establish the principle of Presumption of innocence, we still do not absorb the core contents of this principle, such as " the right of silence", "the right not to be compelled to testify against himself, "the right to access to legal assistance etc and there is a ideal goal which: "Do not wrong an innocent person and do not let a suspect at large". The author thinks the existence of these factors, which influence the power of the judicial justice. And the author lists several questions to analyze and concludes that there is no argument between the accusing party and the defending party, there is no real criminal defense. To solve the problem, now a task of priority is to establish immunity system of the defender.
Keywords/Search Tags:Judicial Justice Procedural Presumption of innocence, Judicial, Practice, Questions
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