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System Reconstruction Of Public Security Organs In The Perspective Of Jurisprudence

Posted on:2017-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:T H LiuFull Text:PDF
GTID:2336330485481775Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Judicial identification of public security organs as a proof of activity, the identification opinions or conclusions produced by the method can provide evidence for the judgment of the litigation directly, and affect the quality of judicial judgment. Even in some cases, it determines the fair trial of the whole case. Whether in the field of theoretical research, or in the actual operation of the field of practice, the dispute about the judicial authentication of public security organs and the judicial authentication system of the public security organs of the controversy and problems always exist. These problems not only hinder the development of the judicial authentication system of public security organs, but also affect the realization of the judicial justice and the process of the judicial reform. Therefore, from the point of view of the origin of the jurisprudence of the judicial identification of public security organs, explore a road to reform and innovation in line with China's actual conditions.For a long time, a lot of scholars have made theoretical and empirical research on the judicial authentication system in China, and they formed a unified system of research results gradually. But the scholars at home and abroad is only in the surface problem of phenomenon to argue in the study of the judicial identification system of public security organs, just like "similarities and differences of the public security judicial identification and forensic science identification", "the public security organs whether there 'self detecting self discrimination' problem", "inside the public security organs should set up the judicial authentication institutions" etc. But they ignore the theoretical essence of the judicial identification of public security organs analysis. This is also the cause of the academic reason is not clear, the dispute does not stop the important reason. Analysis of the legal value of the public security organs in the judicial authentication under the efficiency, justice, order, democracy and rational value orientation is not only the basis of other theories and empirical studies, but also provides a guide for the construction of the ideal system of public security. Through the empirical research and analysis the current status of the public security judicial authentication system in the identification of people, institutions, identification process, supervision and other aspects of its internal problems deeply. At the same time, compare with the judicial authentication institutions and operating systems in the foreign police agencies and the advanced experience of the reform of the national pilot provinces. And then,we can be guided by the success of the reform of practical examples and three guiding principles. So, We come to this way to solve the practical problems that:to promote special legislation, reducing the administrative management of the judicial authentication institutions of public security organs, improve the public security organs of the judicial authentication procedures and management system to solve the problem, with the hope of casting a brick to attract jade.
Keywords/Search Tags:Jurisprudence, Public Security Organ, Judicial Authentication, Value Analysis, System Reconstruction
PDF Full Text Request
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