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Standard Of Criminal Judgment Fact Finding

Posted on:2013-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:W YuanFull Text:PDF
GTID:2266330422457822Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The pertaining to crime assize fact affirms that the standard is a count for muchbut again very complicated problem that the pertaining to crime judges realm. The ourcountry judges fact to affirm that the standard research still mainly stays aroundphilosophy level to the pertaining to crime at present up, far and far can not satisfy thedemand of judicial fulfillment. Therefore, the research that strengthens this problemjudges the reform of the related system that the fact affirms to the further push ourcountry pertaining to crime with perfect have the meaning of special importance. Thefull text is more than30,000words, totally is divided into four chapters:In the fist part, The fact of outlining the pertaining to crime assize affirms therelated concept of standard problem. The pertaining to crime judges factual contentand pertaining to crime to judge fact to affirm the assurance of standard concept.In the Second part, It was main to discuss pertaining to crime assize fact toaffirm that the standard really signs a basis from three aspects. Analyzing from theangle of psychology, the pertaining to crime assize fact affirms that the standard isfact to affirm namely the corpus pertaining to crime judge personal evaluationdimensions of conviction that the judge forms to the case fact, should match thethinking mode that the pertaining to crime judges a judge. Affirm that the standardshould also have objectivity foundation on the other hand, in the whole confidencerequest subjective aspect with objective consistency to more accurately discoverreality. The pertaining to criminal judge fact to affirm that the standard should shouldalso match a litigation value principle meanwhile.In the third part, The more analytical two greatest methods fasten and ourcountry the current pertaining to crime judge fact to affirm standard present condition.Include lawmaking description and its content, and affirm the hard nut to crack andchallenge facing in the judicial fulfillment standard. Take expecting as heavy reachour the pertaining to crime assize fact affirm that the problem that face in the standardprocess provides should to the method.In the forth part, Inquiring into our country common criminal case guilty verdictfact affirms that the standard law expresses of heavy reach a problem. From aim atcurrent affirmed that various modification that the standard blemish put forward issuggested to see,"certain beyond doubt" requests simple and direct, but contentabundant, comprehensive usage of "confirmation doctrine" and "certificate falsedoctrine", do both things simultaneously, the verifiability is as stronger asmaneuverability, witch can be our country the fact of the common criminal caseaffirm standard.
Keywords/Search Tags:Criminal Judge Fact, Affirm Standard, Establish Basis, Legislation Statement
PDF Full Text Request
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