On Criminal Difficult Cases In The Perspective Of Due Process

Criminal difficult cases in the criminal justice process can not be avoided, this paper in the perspective of the procedural law principles of due process, based on the concept of classification and its causes, from the basic concept of due process and the basic elements to start to analyze criminal difficult cases, to explore the solution from the perspective of the criminal procedural law. This article is divided into introduction, body and conclusion, altogether three parts. Introduction is paving the way from the basic theory, from the typical empirical analysis of criminal difficult cases, this leads to the center of this paper is to in the perspective of due process to analyze Criminal difficult cases, recommend measures to solve difficult criminal cases, achieve justice.Body part is divided into four parts, including the concept of the criminal difficult cases, the types of criminal difficult cases, the causes of criminal difficult cases, the origin of the principle of due process, content, and due process to resolve criminal difficult cases of the empirical analysis, under the perspective of due process there are problems and countermeasures in the practice of criminal justice.The first part of the text describes the concept of the criminal difficult cases and its classification. From the conceptual visual description of the criminal difficult cases, as a theoretical groundwork, gradually unfold its theme. After clearly illustrates the concept of the criminal difficult cases, then to classify the criminal difficult cases, the facts mystery and the legal mystery, the real mystery and the false mystery, making the process of inductive category, also seeing the different types of causes of the criminal difficult cases, making the real comparison for the reasons for the criminal difficult cases later.The second part of the body analyzes the many reasons for emerging of the criminal difficult cases. Development of the law lags behind social development, disjointing between law and society led to difficult criminal cases; case facts are unclear and insufficient evidence, consequently lead to the formation of the case impossible to solve the mystery, localization of the existing judicial system, and administration, departmentalization and other defects of makes a variety of controversial criminal cases, the formation of mystery; moral factors affect the handling of criminal cases; knowledge is not exhaustive, either outside the law or legal knowledge is also knowledge, are likely to affect the criminal cases correctly handle; final judicial body can not avoid the judicial process of criminal justice and legal dogmatism, empiricism, thus affecting the proper handling of criminal cases. Law causes of mystery, the author analyzes the legal factors, the fact of factors, physical factors, ethical factors, knowledge factors, ways of thinking factors, can be said that a comprehensive, multi-angle caused the causes of criminal conduct in-depth troubleshooting, and thorough analysis, Each of reasons are difficult cases for criminal neglect of the role had a difficult, but it also has its different characteristics, and only after their analysis to a more thorough understanding of the reasons put forward for different corresponding solution.The third part of the body of principles of due process introduces the origin and content, and focus on the principles of due process in two ways discussed difficult cases to exclude criminal function, prevention of false and true mystery resolved. Due process of Western-based "natural justice" concept gradually evolved, although scholars of the basic elements of due process have a different understanding, but can not deny its basic elements, namely the opposite, decision makers, information and evidence dialogue, the results. It is with this understanding, the author from the basic concept of due process, carried out the basic elements of the theory of criminal bedding difficult cases, combined with the typical criminal reality to the empirical analysis of difficult cases, truly a combination of theory and practice discuss difficult cases due process of the criminal.The fourth part of the body of the above arguments, the practice of criminal justice in our country, full of questions targeted: the practice of due process do not pay attention in the one-sided implementation of the judicial practice of due process, judge of the empirical negative effects of lack of knowledge of these issues in a little, try some of the measures proposed are as follows: to cultivate the concept of due process, legal education must be built to take on the important task of the legal professional community of excellence, to overcome the judicial practice and Empiricism dogmatism, with the proper procedures for solving difficult cases in order to achieve justice.The conclusion part is intended to summarize the whole thesis, put forward the views of the same time, to illustrate the creation of some existing deficiencies and needs further study the issue, hoping to improve the latter part of the paper and in-depth research to bring some help.In summary, the overall idea of this paper is the concept of the criminal cases and classification of difficult start, in the criminal classification of difficult cases, after a detailed, multi-angle, deep-level caused the criminal to sort out the causes of difficult cases, classified , sum up, a clear hard case that caused the causes of criminal. In the analysis, the author attempts to due process from the point of view to consider how to resolve difficult cases of criminal cases, due process is exotic, and its applicability to China's legal environment of the controversial. Trace the origin of due process, to explore the contents of due process, I believe that it is difficult cases to solve our criminal provides a path. This path is to resolve the criminal justice process difficult cases, the author from around the classic criminal hard case, the case of land from the Lishui, Taizhou salvage the case, combining the theory of due process and empirical analysis of difficult cases due process of criminal prevention and solution effect. Cases in the analysis process, I also found that due process gradually solve the case of criminal difficult to play an indispensable role. Finally, due process point of view put forward their own proposals and measures to improve and foster the concept of due process, legal education must be built to take on the important task of the legal professional community of excellence, to overcome the judicial practice of empiricism and dogmatism, as the due process theory to solve criminal difficult cases to provide detailed, operational measures, the two complement each other better solution for difficult cases criminal.