Research On The Acceptability Of The Criminal Decision

Criminal justice is one of the ways to resolve the dispute, but also as a means of state-controlled society, it is an effective mechanism for maintaining social order. However, a decision the judge does not mean that disputes can be resolved, despite the coercive power of the judicial implementation of decisions can be protected, but the criminal justice process and the results can be recognition by public depend on the criminal justice audience be able to consciously obey magistrates, more conducive to criminal justice Dispute Resolution fulfilling its functions and control of social goals. However, in China's current criminal justice practice, due to referee program improper application of the law is not appropriate far-fetched reasons for the sentence arising from a strong public dissatisfaction is widespread, indicating that China's criminal justice is not yet equipped to provide the public generally agreed that acceptance capability. It is significancly to improve the criminal justice for the public acceptability of the level .This paper consists of five parts.the first part has defined the theory scope about the acceptability of criminal decision. acceptability of criminal decision mean that It has been accommodated by the audience without being rejected. The acceptability as a standard for audience to evaluation the criminal decision, the evaluation of the acceptability of the administration of justice include the results of the acceptance and administration of justice, It 's two aspects of the recognition process.The second part is comparison study how Western country rule of law to achieve the acceptability in criminal justice. For France, Germany, Britain, and the United States as example, the inspection found that the rule of law, due process and judicial reasoning are the two foundations to protect the concept of criminal justice been accepted. Also powers doctrine of the rule of law in the country expressed confidence in the judicial background and adversary country's jury system promotes public awareness of the traditional administration of criminal justice recognition and acceptance.The third part analysis from the composition of the audience, using empirical analysis methods research the referee to start,, the appeals rate, complaint rate, protest rate, the second instance commuted rate, remand rate data for the parties, prosecution, the Court of Appeal judge of acceptability in the field of vision for a quantitative study; by Liu Yong case, Xu Ting case, Deng Yujiao case and other hot case, for example, conducted a case research. Ultimately concluded that: Although the parties, Procuratorate, the court ruling has gradually increased the degree of acceptance, but for hot cases, social and public acceptance of referees is very low. To raise the level of acceptability of decisions, we must vigorously protect the community and the public's evaluation of the case the same as the Court's judicial decisions .The fourth part application of systems analysis methods, analysis of the reasons which affect the acceptability of our criminal justice.then point out that lack of capacity in the main body of the referee, referees are not clear, less than the legitimacy of criminal proceedings the referee interfering factors, many referees reasoning is not fully are the resons.Part V first acceptability of our country to achieve the path of criminal justice was in order, chose to "ensure that objective and true to the identification of cases of" ways to improve the criminal justice acceptability, and feasibility from a realistic standpoint, a clear way forward: 1. improve the procedures involved in both defense and prosecution mechanisms, the parties involved in procedural safeguards and judicial communication to the public opinion response mechanism in order to construct a rational, open the criminal justice process; 2. strengthen the verdict and sentencing argument reasoning to improve the The overall style of judgments; 3. by giving the judges of the judicial power of interpretation, the implementation of the guidance system of case, case-law system, such measures difficult cases of major jury trial system, to protect the great judge of acceptability of difficult cases.