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From Objective To Subjective Research Method To Determine The Criminal Case Facts

Posted on:2017-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
GTID:2336330512954793Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Correct identification of criminal case is the focus and difficulty in judicial adjudication, especially with the development of economy, peopleís growing awareness of the law, criminal means has become increasingly diversified and complicated, concealed, how to give the suspect or the accused to justice judgment, maintain social stability, protect people the legitimate rights and interests, and promote the healthy development of our economy, the judicial staff in the review process or the trial of a case, to accurately identify the criminal facts of the case is particularly important. But the facts are correct or not to recognize and use what kind of method has a close relationship, using the method properly, the fact finding is easy and accurate, not the proper use of methods, in fact finding difficulties remain perplexed despite much thought, even distorted, miscarriages of justice there.The author through the judicial practice, the use of a large number of examples to explain the analysis of criminal case facts the drawback of the current method, through a video learning professor Zhang Mingkai about the explanation from objective to subjective facts method inspired by the analysis of the necessity of promoting, objective to subjective facts and the method of combining the actual case and summarizes the importance and rationality of the application of this method, and puts forward the concrete application in judicial practice should pay attention to the problem. In order to be used in the judicial practice, serving justice, in order to prevent the occurrence of miscarriages of justice, improve the quality of handling cases, to maintain the credibility of law.In this paper, the structure is divided into four parts, including introduction, the first part is the introduction of Chinaís current judicial practice, the prosecution in the common criminal case facts, the author compares the typical criminal case examples of the current approach to these facts and the handling process, analyses the problems and the the problems, which leads to the criminal facts of the case the author advocates. The second part, it is from the objective to the subjective criminal cases of the fact that the method of promotion. In this paper, the author introduces the process of the method, and illustrates the basic connotation of the recognition method of the facts in detail, and then introduces the substance of the method in detail. The third part is from objective to subjective facts of rationality full analysis, especially to the case that this method can live the facts shows its advantages. The fourth part is the objective to subjective facts to make use of the specific judicial practice, should pay special attention to the problem found, which summed up their should be followed in the use of the method of the principle of facts.The author illustrates method, comparison method and demonstration, international, multi angle, multi channel elaborated method from objective to subjective facts, and the method of accurate identification has very important practical significance to the facts of the case, interest in colleagues of this method, this method to promote the depth of research and I hope that the breadth method can study and explore the criminal facts of the case together with you.
Keywords/Search Tags:Objective, Subjective, Criminal Cases, Fact Finding, Method
PDF Full Text Request
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