Judicial Office Of A Crime

Since the launch of the "Reform and Open" campaign till now,30 years have passed. The 30 years, in which China enacted its new criminal code, might be short in the history of human-being, however, it is long enough for development of a single country. In the past decades, our country's unprecedented economical development has promoted the superstructure of our society, namely the legal system of China. The promotion includes the amendment and enhancement of current regulation and various new regulations and directives which were enacted to meet the dynamic needs of developing Chinese society. From criminal policy perspective, the transmission from "Severe Punishment" policy to "Combining Punishment and Leniency" policy reflects that China has paid more attention to human rights protection and spirit of rule of law. Analyzing the literature about judicial duty crime, this article will answer the question that how to govern judicial duty crime by criminal integration, and achieve the goal that protect the rights of criminal suspects, defendants and criminals more reasonably and thoroughly. The article will make a comparison between domestic law and corresponding legislatures in foreign jurisdiction. System theory will be applied as the theoretical foundation of this research. Criminal law, criminal procedure law, state compensation law and The International Treaty of Citizen's Rights and Political Rights will also be discussed. The outline of this article is as following:Introduction:The main goal of the article and related research method will be briefed in this part.Part 1:This part will research the legislature about judicial duty crime. Applying the general theory of crime constitution, this part will analyze the characteristics of the crime object, crime objective manifestation, crime subject and crime subjective state of mind; and raise some suggestions to improve the legislature about judicial duty crime. And, this part will provide the domestic data of judicial duty crime in the last two years. Part 2:In this part, the significance of judicial duty crime will be analyzed. Firstly, it will analyze the significance of paying attention to judicial duty crime and human rights protection, stabling the foundation of rapid development of market economy; preserving the social morality, keeping balance between the interests of societies and criminals; the impact to the crime subculture; improving the status of China in international human right protection campaign. Through analyzing from different angles, this part suggests paying attention to the significance of judicial duty crime, guaranteeing the social justice by judicial justice, and constructing " rule of law " society.Part 3:This part concerns the rules about judicial duty crime in other countries and regions, by comparing rules in those districts in order to find some useful advices for the enhancement of judicial duty crime of legislature in our country.Part 4:The focus of this part will be on the protection of violated human rights in judicial duty crime. From criminal law, criminal procedure law, and state compensation law perspective respectfully, this part will analyze how to protect the right of special groups, such as crime suspects, defendant and criminals. The relationship of criminal philosophy and human right protection should be discussed from judicial body, personnel, media and social culture. In order to restrain judicial duty crime, the independence of judicial body and judicial personnel must be guaranteed; in the mean time, corresponding supervision must be strengthened. Judicial body's awareness of rights of crime suspects, defendants and criminals and the goal of achieving justice should also be improved. Finally, in order to bring the criminals back to society and reasonably protect criminals'rights, and eventually achieve harmony society, the alienation of crime and criminals in social culture should be eliminated; citizens'understanding of the function of punishment should also be achieved. For criminal procedure law, due process provision should be improved. The procedural justice should be deemed as the foundation of substantive justice, in the other hand, the amendment of acts should be in line with international treaties, hence the rights of citizens will be better protected. As regards to state compensation law, the amendment should make sure that citizens can realize their right of recourse, and make corresponding amendments in compensation scope, compensation process and compensation form aspects.Part 5:The enhancement of judicial duty crime legislature. This part will conclude the legal system governing judicial duty crime. The system should be based on Chinese constitution, which has supreme efficacy. The organical unification of substantive law and procedural law should be accomplished; and the remedy in state compensation law should play an important role in judicial duty crime regulating.