The Ethical Examination To Penal Adjudication

Economic globalization certainly gives rise to the globalization on politic, legal and moral aspects with the different culture mixture all over the world. Worldly jurisdiction reform embodies this trend and Chinese legal system will try to enter into this procession. Expert and scholar pay highly attention to the investigation and reform in the field of criminal justice thereupon the ethic survey on criminal justice is put forward.This treatise attempts to survey and criticize the criminal justice, the central and important section of criminal lawsuit, from ethic or moral aspects under the great background of worldly justice system reform together with the current situation of the Chinese criminal justice reform. It uses the fundamental theory, worthiness point and method of relevant subject particularly of the ethnics. It consists of six parts including the introduction epilogue. The part of introduction researches the possibility and necessity of the ethic survey on criminal justice, analyzes and explains the theoretic meaning and practical worthy of this subject and summarizes the domestic or oversea current research development about this subject. The first part of the main body macroscopically researches the fundamental theory, historical evolvement and current situation of criminal judge system accounting for relatively large section. On this base the author makes the further research about the rightful rules and believes that rationality and humanism are the included ethic worth. The second part particularly explores the ethic need and rightful quality of the participators in criminal judge and thinks not only judge, prosecutor, defender and witness but also the accused suspect and defendant are qualified citizens, independent personality, ethic need and ethic quality. The third party mainly researches the ethic worth of criminal procedure and analyzes the basic idea, scientific and practical possibility. The fourth part analyzes the concrete system of criminal procedure design. Therefore different concrete criminal systems have the same ethic aim that is impartiality and efficiency. Furthermore the author analyzes the ethic worth comprised in the concrete criminal systems. The part of epilogue summarizes the whole thesis and makes further refinement and sublimation and concludes that criminal judge should have its own ethic aim. This dissertation attempts to provide theoretic support and mental lead for Chinese criminal judge, criminal lawsuit and justice system reform through the research. Accordingly the author wishes that this research can accelerate Chinese legal modernization and be favorable to construct harmonious community and harmonious world.