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The Comparative Study Between The Mainland And Macao Criminal Judgment Documents

Posted on:2016-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:X H MiFull Text:PDF
GTID:2296330461484057Subject:Law
Abstract/Summary:PDF Full Text Request
China’s judicial documents from ancient times to the present are applicable. Since the new China established, judicial documents are steady developed, the regulations on judicial document format are increasingly comprehensive and specific, which make the criminal judicative paper gradually mature, it provides convenience for criminal justice.Criminal judgment is one of the commonly used judicial documents in judicial practice. It is proved that them arterial reflects the process of the lawsuit and the final judgment result. Regardless of the parties to the case court, it is undoubtedly important. In the production of criminal judgment, the mainland and Macao have made a specification, but in the process of operation in the judicial practice, the quality of produced criminal judgment is still a big problem. The open criminal judicative paper both have advantages and disadvantages, the good thing is to improve the transparency of judicial documents. To increase supervision of adjudicative document, it is also conducive to improve the quality of judicial staff, hidden the open form of meaning defects. Based on the two criminal judicative papers findings, there are still improvement in mainland’s documents, but also its inherent advantages, and Macao’s instruments are more worthy to study, but there are some defects. So in this paper, we can find, through the comparison of the two criminal judgments, it is good to complementary development and better service to the criminal the judicial activity.In 2009,the Supreme Court’s "third five year reform outline" requires research to establish the net of juridical copy clerk query mechanism, then less area court of the mainland’s can finish documents on the Internet. In 2013, the Supreme Court "on people’s court announced regulations" judgment documents on the Internet requires effective judgment mainland all posted on the internet. The 1997 Macao "Criminal Procedure Law" provisions of article 426th collegiate bench judgment documents shall immediately publish in the "Gazette of Macao Special Administrative Region". In my point of view, the documents on the Internet since the case of public prosecution, the mainland 50 first instance criminal judgment applicable criminal verdict ordinary procedure and Macao with 50 copies of a primary court judgment in the trial of criminal verdict collegiate bench with ordinary criminal cases. Through on both respected 100 written judgment comparison, it is provided the support for the writing. This paper is divided into three parts:the first part is the basic introduction of the content of criminal judgment, including the concept of criminal judgment, the provisions of the historical evolution and the present situation of the two instruments. The content of this part is to have a basic understanding of both cognitive and criminal judgment of criminal judgment for the following discussion. The second part is about the criminal judicative paper format structure, language style and reasoning methods in perspective, on the performance of two criminal judgment in these three aspects were summarized first, summary and list, and then compare the similarities and differences. This part is the key point and the difficulty, it is to show both the criminal judicative paper advantages and disadvantages, and provide the basis of the mainland and Macao to learn from each other. The third part is obtained by comparing the two criminal judgments needed each other to learn, this is the core part of this paper, it is the purpose of this article. The aiming is to provide an improved window for the criminal judicative paper development.
Keywords/Search Tags:Criminal judgment, structure, language style, reasoning way
PDF Full Text Request
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