Study On Criminal Procedure Alienation In The Horizon Of The Dialectical Materialism

Based on Marx’s concept of historical materialism alienation laboralienation theory of Marx’s early, is Marx’s analysis in the process of thedevelopment of social productivity and social division of labor, to workersand production phase separation, The labor er is dominated by the alienforce phenomenon. This paper under the guidance of Marx’s alienation theory,on the one hand, introduce the concept and methodology of Marxistphilosophy field of criminal procedure law, criminal procedure work makenew thinking Angle, analyzes the criminal procedure in many aspects, eachphase of the dissimilation phenomenon, analysis of its causes, effects,explores the ways of overcoming alienation criminal procedure; On the otherhand, the scientific definition of the word "dissimilation" criminal procedureconcept, is the study of "alienation" program refinement to the study of"dissimilation" criminal procedure, from the progress of the field to the lawphilosophy theory method, not only expand the research field of criminalprocedure, and inheritance and development of legal theory of Marxism.In this paper, by using the theory of Marx’s scientific legal transplantprocess between Chinese and western legal culture in our country traditionalculture conflicts with local law a microcosmic profile of philosophicalthinking and analysis, trying to find a scientific method to solve the problemof criminal judicial field dilemma in reality, consummates our countrycriminal law research in terms of due process. Paper first chapter theintroduction elaborated the paper research background, research significance,research ideas, research methods and research status at home and abroad;Paper in the second chapter main content for the philosophical concept of"alienation", for the introduction of Marxist philosophical analysis of thecriminal procedure alienation theory groundwork, dissimilation of criminalprocedure carries on the definition, analysis, and alienation from multiplelevels of analysis of criminal procedure; Layered characteristic of alienationin the third chapter, the criminal procedure analysis, emphatically analyzesand discusses criminal procedure value level and legal system level ofalienation representation and influence; The fourth chapter, from the aspectsof legislative, judicial, ideas know analysis of criminal procedure alienationof social and historical reasons.Through to the criminal procedure alienation phenomenon of the causes,characteristics and impact analysis, can determine the dissimilationphenomenon is attributable to the historical materialism of Marx’s alienation theory described in the dissimilation phenomenon: in the present criminaljudicial history need to be improved under the background of dissimilationphenomenon, criminal justice activities people cannot control their ownactivities and results, controlled by potential operation rules, and eventuallylead to criminal justice activities itself pursuit deviating from the value ofthe target. The fifth chapter is the purpose of this writing, that is, how toovercome the alienation phenomenon, respectively embarks from the cause ofalienation of criminal procedure, explore the method of criminal procedurecontrol and explore ways to overcome the alienation of criminal procedure,eventually make the alienation of program to return to the path of justice.