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A Research On The Impact Criminal Written Judgments Of Some Specific Cases

Posted on:2018-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y F DouFull Text:PDF
GTID:2336330512995412Subject:Law - litigation law
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The impact of litigation in China began in 2005 by lawyers and scholars,they initiated“the selection of the 2005 major litigation”.Since the election of 2005,the 10 impact litigation has been selected from thousands of cases in China every year they are the most influential cases in the process of rule in law and social development in china.The term“impact litigation” has been developed from a unfamiliar word to a public word,and the quantity of tthe reports about this has been more and more.The impact litigation can interact with public opinion,it have a instructional functions on other judgments,it also have content impact on other criminal case judgment,and play the rule of law popularization and education for people,through its individual influence,it may promote the progress of the rule of law.In our country,there are many researches on the criminal judgment,but there are not many analyses on the impact criminal cases.The subject is mainly divided into three parts:the first chapter is the overview of the influence of criminal judgment,it's mainly about the definition of criminal cases,and the significance of the impact criminal written judgements.The second chapter is the empirical analysis on the effect of impact criminal cases.These case are NianBin case,ZhangshiShuzhi case,Xu Ting case,Yanxiaotian case,ChenChuanjun case and Yao's case.For the case study,the verdict is analyzed,mainly about the decision style,judgment reasoning,response to public opinion,and then find out the effect of some common value of criminal judgment,to improve the general criminal judgment.The third chapter is to analyze the shortcomings of the criminal judgment and put forward some personal suggestions to improve it.The suggestions are mainly from five aspects: the reasoning of the judgment,the interaction with the public opinion,the improvement of the rigid rules of the judgment,the professional quality of judges,and the introduction of scientific knowledge.The last section is the feasibility analysis from the design of the system of according to the criminal case to establish our criminal judicial precedent system,it is important for the improve of China's criminal judgment and our judicial justice.
Keywords/Search Tags:Impact criminal cases, Criminal written judgment, Criminal Judical Precedent Mechanism
PDF Full Text Request
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