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Critical Thinking And It's Application In The Examination And Prosecution

Posted on:2017-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:D LiFull Text:PDF
GTID:2346330488472695Subject:Law of logic
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Critical thinking can be traced back to Socrates and inquiry questioned ancient Greece. In modern times, with John Dewey as the representative of Western scholars continue to improve the development of critical thinking. In Western countries, especially in North America, it has launched a study of critical thinking thoughts campaign and advocate for critical thinking established as the goal of higher education. In recent years, more and more scholars began to study critical thinking and try to apply it in various fields. Definition of critical thinking has a variety, it has yet to form a unified definition of critical thinking and complete discipline system. However, the reasonable core features and critical thinking is very clear. Characteristics of critical thinking can be summarized as an independent, careful questioning, following the logic of the law and adhere to four impartiality. Specific features: people with critical thinking in the face of the opinions of others, to maintain the independent thinking, not others, and drift, even in the face of authority point of view, and will not blindly follow blindly; bold questioned cautious proven performance, before the positive or negative will be scientifically elegant, with good reason to hold; follow the generally applicable laws of logic, violate the laws of logic to infer that the performance is not critical thinking; at the same time, critical thinking requires self-standing position on the just and thinking efforts to exclude the existence of many of their own irrational factors, so that the results become more considerations of fairness and justice.People's Procuratorate for examination and prosecution is investigating agency or department to review the transfer of criminal cases according to the law to decide whether to prosecute the suspect's activities, having a body independent, complex objects, functional filtration characteristics. Prosecutors in the investigation and prosecution of experience easy to fall into stereotype, stereotype authority, conformity stereotype thinking errors, etc., resulting in the formation of wrong judgment on the case and cause the wrong case. Thinking error prosecution features and prosecutors in the prosecution prone to suggest that critical thinking and work of prosecutors in the prosecution needed in thinking is very fit. In practice, prosecutors consciously or unconsciously applied the critical thinking, and there is very apparent in the prosecution. In order to better and more accurate processing of cases, prosecutors need the system to learn critical thinking and focus on critical thinking system in the prosecution.The critical thinking applied to the prosecution activity that requires prosecutors from change ways of thinking, strengthen the role of meaning, beyond a reasonable doubt that the three aspects of the macro-control, so as to achieve clear objectives and direction of the handling object, to achieve a true work of prosecution functions. Prosecutors in the case of specific aspects of the review should focus on the use of critical thinking, independent thinking and judgment, under the guidance of critical thinking, to detect cases of doubt; strive to rigorous thinking, correctly grasp and identify the evidence; to maintain impartiality, impartial, fully protect the legitimate rights and interests of criminal suspects, the victim and the like. These practices specific application of critical thinking will contribute to the review of the case, thereby improving the accuracy of the review, and can significantly reduce the rate of wrong case.
Keywords/Search Tags:critical thinking, review prosecution, thinking set, exclude reasonable doubt, falsification
PDF Full Text Request
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