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Concept Thinking In Criminal Justice

Posted on:2013-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2246330374481741Subject:Law
Abstract/Summary:PDF Full Text Request
Concept thinking occupies a central position in our lives as a traditional thinking pattern for a very long time, not to speak of the field of criminal justice. However, along with the quick development of our society and the complication of relationship between individuals and the disputes, the diversified mode of thinking is imperative, instead of the traditional one, which is simplistic and incompetent. As the last and most important checkpoint, criminal justice also calls for the application of categorical thinking. This paper emphatically analyzed the necessary of applying categorical thinking in the practice of criminal justice and further discussed how to apply it.In this paper, the categorical thinking in criminal justice has been discussed in four sections:Section1summarized the theory of categorical thinking and the way to definite the nature of things with categorical thinking. In this section, the definition of categorical thinking was given basing on the comparison with the traditional thinking pattern-concept thinking and the rules of applying categorical thinking was particularly emphasized, which is following the principle of legality but not allowing analogizing. In section2, the necessity and feasibility of applying categorical thinking in criminal justice was demonstrated and based on this condition, the introducing of categorical thinking into the field of criminal justice was advocated. Section3was the most important part in this paper, which was mainly about how to apply categorical thinking in criminal justice. First of all, judicial personnel should apply the categorical thinking standing on the point of legal norm. Secondary, the specific case facts needed to be judged with categorical thinking. Finally, the categorical thinking will be formed as long as the two parts of work above was done. In the last part of this paper, some issues were pointed out while applying categorical thinking in criminal justice. Besides, it will take a long time to fully apply categorical thinking in the field of criminal justice. All of the legal person who are extremely expecting the applying of categorical thinking should insist and bravely face the difficulties.
Keywords/Search Tags:Concept Thinking, Categorical Thinking, Criminal, Judicatory
PDF Full Text Request
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