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Criminal Judicial Documents Reasons Things Out The Empirical Research

Posted on:2017-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2336330488986914Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Criminal Justice Instruments is not only the criminal justice process to produce "judicial products" also has the authority, impartiality important carrier,which carries the final results of all trial activities directly related to the criminal trial is fair and reasonable legal, judicial inspection is scale capacity, the rule of law is the cornerstone of society, and is linked with the facts of the case the verdict ties. Which is part of the reasoning of the Court Verdict "soul", it can play an important role in linking the instruments of reasoning, if we try to do the ins and outs of the case affair reproduce the circumstances of the case around the lingering sense, the case definition of Arts and explicitly clear, the case to trial in strict accordance with the law jurisprudence fully objective. This will not only be able to measure whether a country from the rule of law becomes a practical sense, but also reflects the level of our civilization and the rule of law, the rule of law is an important measure of the degree of civilization. Chinese Criminal Magistrate Instrument Reasoning currently there are many problems, there are some problems to be solved and improved long-term modeling, immobilized referee forms and emphasis on the trial court as the center of the instrument structure also reflects the judgment document type and location of a period.This article follows the idea of ??empirical research, through the collection of data collation and analyzed in order to be able to discover the current Criminal Magistrate Instrument Reasoning part of the existing problems, and then analyze the problem and make some standardized way to help solve the problem. Text content is divided into portions of Criminal Magistrate Instrument Reasoning system configuration, status quo and Criminal Magistrate Instrument Reasoning, the reform and development of Criminal Magistrate Instrument Reasoning and standardization of three parts.First, the description of the Criminal Magistrate Instrument Reasoning system constituted discrimination and a series of concepts related to the Magistrate Instrument Reasoning. Detailed analysis of the specific content of the Criminal Magistrate Instrument Reasoning and elements that should be included, but also for the basic standards of the Criminal Magistrate Instrument Reasoning were defined. Atthe same time through the illustration of the analysis identified two basic elements from multiple perspectives and specific description of a sound Magistrate Instrument Reasoning practical significance.Secondly, the current situation and problems specific studies Criminal Justice Instruments reasoning. Through empirical study of sampling samples the current reasoning part of the Criminal Justice Instruments were related to situation analysis,the difference between geographical areas, types of cases of differences, among different levels of qualitative sentencing part of the reasoning in the treatment of defense opinions were attention degree angle and reasoning format data investigation and analysis. We found that there is a big difference in the degree of perfection of regional socio-economic reasoning, the rule of law degree uneven development background and the types of cases and other conditions are different criminal Judgment. Summed up the reasoning Criminal Magistrate Instrument Reasoning format currently exists, does not attach importance to the views of the defense and ignored the main issues and other procedural matters reasoning, then from the two aspects of subjective and objective reasons for these problems were analyzed.Finally, a detailed analysis of the Reform and Development of Criminal Justice Instruments reasoning, based on the combination of the foregoing reasoning and social effects on a bold vision normative research, made a number of standardized measures and operational feasibility, analyzes should a variety of angles the reform and the need for standardization of criminal Magistrate instrument reasoning Construction. Proposed diversion while achieving the purposes of proceedings referee simplified instrument shunt, filling instruments to carry out exploration of reasoning model, using the open-minded and non-verbal reasoning type of expression to enhance the efficiency of a number of measures to improve the regulatory system.
Keywords/Search Tags:Criminal, referee instruments, instruments reasoning, reasoning normative research, reasoning empirical research
PDF Full Text Request
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