Construction Of The Criminal Judging Rules

At present, there are few specialized publications of research about judging rules in academia and trial practitioners, the definition of judging rules also far from uniform.On the basis of existing research, and the discrimination of similar concepts, this article thinks that the criminal judging rules is the construction of the formation of rules apply to specific criminal cases based on the specific facts of the case by a judge on criminal law text specification in specific activities of a criminal trial.In proceedings of criminal cases, judges’ the most important task is to construct the criminal judging rules for the case, and it requires that the judge should show the construction process and constructive method of the judging rules. So the study of construction of the criminal judging rules has important significance and practical necessity. Firstly, the study of construction of the criminal judging rules can help enhancing the persuasiveness of judgment conclusions. If the judge can show the thought processes of construction of the criminal judging rules in judging instruments, explain the reason that why to find applicable laws from the ocean of the law, how to build a bridge between criminal law provisions and the facts of the case, we can enhance persuasiveness of judgments conclusion, exclude the doubts of the audience for application of the law. Secondly, the study of construction of the criminal judging rules can help the judge understand the referee thinking, raise the level of judicial notice, so that you can improve your metacognitive level. If we can understand our thinking operation, it can help us correct the problems in our own referee process, improve the quality of the judgment. Lastly, the study of construction of the criminal judging rules can help the judge form a correct judgment, find the source of judgment errors. Let the judge clear the criminal judging rules constructed exactly from what and how to made, can help them examine every aspect and find the source of errors clearly.For the process of constructing the criminal judging rules, the research in academia and trial practitioners even less. Some scholars believe that the relevant legal rules found is the judging rules for the simple cases, and for complex criminal cases, it requires judges to construct the criminal judging rules for cases. Some scholars believe that constructing the criminal judging rules requires judges to give full play to the initiative, shuttle and check repeatedly between the criminal rules and the facts of the case, and make them interacting each other. Then they can construct a real judging rules for criminal cases.Focus of the writing of this article is how to construct the criminal judging rules. With the idea of information processing, this article divides this path into three stages:input, processing and output. Factual judgment section is input stage of the criminal judging rules. This step sorts out the several facts, and describes the identification meticulously about them. Discovery phase of the law is initial processing stage of the criminal judging rules. The judge identifies the most suitable legal with the law sense. It also lists some inspired modes for discovery of the law, and discovery process of specific criminal rules. Judges’ interpretation of the law is deep processing stage of the criminal judging rules. The judges’interpretation is the technical and methodological level, not institutional sense. It is an essential way of thinking activities in judging and it has the legitimacy. This article lists several specific methods of interpretation to explain thought process for construction of the criminal judging rules. not to discourse interpretation method itself. So it chooses a few to explore with cases. After paths above, the judge obtaines the criminal judging rules naturally as judgment standard.