A Study On The Application Of Religious Doctrine In American Judicial Trial

Religion and law are two important means of adjusting all kinds of social relations.The relationship between the two is also very complicated.Religious doctrine as a human important valuesplays a decisive rolein the process of legal development.In the typical state of separation of church and state,the United States is particularly influenced by religious doctrine.In today's United States,there seems to be a clear boundary between religion and law,but once this boundary is implemented,the problems it faces are quite complex.It is not uncommon to quote religious doctrine in many judicial cases in the United States.In recent years,religious doctrines have begun to appear in our trial instruments,and have sparked heated discussion.This article intends to explore whether there is any rationality to reference religious doctrines in the judicial trial from the theoretical and practical aspects.And examining the reference significance of religious doctrine to China's judicial trial.This article is divided into five chapters,as follows.In the first part,the author discusses the historical evolution of religious doctrine applied in American judicial trial.Since the founding of the United States established the policy of separation of church and state,the law and religion clearly distinguish;but in practice,the separation of the two is impossible.Since the founding of the United States,it established the policy of separation of church and state,the law and religion clearly distinguish;but in practice,the separation of the two is impossible.The concept of"religion" has evolved along with the development of society and the continuous evolution of religious pluralism and the application of religious doctrine in the administration of justice change too.In the second and third part,the author analyzes the operating conditions and the deterrent factors of the religious doctrine in the judicial trial.The operating conditions include internal conditions and external conditions.The internal conditions include the universality and goodness of religious doctrine.External conditions are:religious doctrine is one of the legal sources,religious doctrine and institutional law are coordinated,and the judge's discretion will involve religious doctrine.In the third part,the author focuses on the deterrent factorsof religious doctrine in judicial judgment,including its own shortcomings,the limited applicable space and the cultural differences and so on.In the fourth part,the author analyzes the effect of religious doctrine in judicial trial with examples.In practice,it is impossible to completely exclude religious doctrines in American judicial trials,but the application of religious doctrines also requires the development of guidelines.In general,religious doctrines with universal values do not affect the rights of due process injudicial trials.Religious doctrines involving freedom of religious belief can play a substantive role in judicial trials.Judges,parties,lawyers and witnesses' religious beliefs secretly have an impact on the outcome of the trial.In the end,the author summarizes the application of the American religious doctrine in the judicial trial,combined with the judicial instruments that refer to religious doctrines in recent years,to explore whether the judicial application of religious doctrine is desirable in our special cultural background.