A Study On The Judging Reason In Criminal Cases

In the view of procedural law, in criminal cases criminal judgment must have judging reason, which is the demand of the principle of discretional evaluation of evidence and the revealing of the discretional of evidence, and is closely related to judiciary democracy and judicial open. But in the view of sociology, judging reason in criminal cases shows the rational public demands towards criminal justice, especially in the transformation from traditional society to modern society. With the crimes increasing in numbers and diversity in types, in the alienation process of social relationship, the society demands a higher rational criminal justice, as a result, the importance of the judging reason in criminal cases in modern society is been promoting.In the course of the criminal judgment, there exist the basis and reasoning processes to support the criminal judgment conclusion, but these basis and reasoning processes cannot be guaranteed to write in the document of the criminal judgment. So when studying the judging reason in criminal cases, it can't be limited only to the field of document of the criminal judgment. We should redefine the concept and make clear the history of the judging reason in criminal cases. In the historical process, the content, procure and the function of the judging reason in criminal cases are decided by the social economy, influenced by the comprehensive effects of politics, culture and legal tradition. In the market economy and modern society, the society gives two demands towards the criminal judgment, one is that the society demands certainty of the criminal judgment to offer the social subjects the reasonable expectation, the other is the change of the social relationship which requires the immediate answer for the criminal judgment. In order to meet these two demands, the system of the court must be divided into two types. One type is named Appeal court, and the other named Judge court, and the Judge procure also should be divided into finding of the factual issues and finding of the legal issues. Appeal court pays attention to the social issues and change it to legal issues in order to respond to the society. It decides that the function of the judging reason in criminal cases of Appeal court provides legitimacy for a new rule, but the Judge court provides the legitimacy for the concrete cases. Therefore, with the transformation of Chinese society, it is...