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Theory Of Discretion Principle In The Criminal Procedure Law In Our Country

Posted on:2018-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:J M DingFull Text:PDF
GTID:2346330512990443Subject:legal
Abstract/Summary:PDF Full Text Request
From the beginning to now, the principle of discretion in the development of our country has always been misunderstood and rejected. Between the freedom of the cognizance of the principle of human subjective thinking mode, and the thinking mode to achieve absolute objective is not realistic. Judge decided the case the truth in the case of follow the evidence rule to follow the inner conviction. Thus, discretion principle is thought to be mysterious and subjectivity, this and insist on the socialism in our country,that is, the spirit of dialectical materialism is inconsistent. However, in today's judicial environment and the in-depth study of law subject, we should treat the principle of discretion of reason, to break the distortion, and want to fully understand the importance of the principle of discretion.This paper discusses the principle of discretion points in the following sections. The first part mainly discusses the origin, concept, the principle of discretion and its own value, the second part of the continental law system and Anglo-American law system about the development and significance of the principle of discretion. Third part starting from the present legislation in our country, and the principle of free will apply in our country this paper discusses what is the value, the fourth part from the principle of free conviction to what the corresponding restriction mechanism in our country.Therefore, freedom of proof of the principle is limited. Judge discretion principle is good for fully play their subjective cognition, and to lead the subjectivity and restriction.To seek a kind of subjective and objective unity. Judge the evidence to judge socialism as the cornerstone of cases, of course, to determine the case facts and logical combination of law and the rule of thumb. In the standard category is proved to be reasonable proof. , of course, security mechanism and restriction mechanism in the principle of discretion can not lack of part of the work.In the points of the principle of freedom, therefore, be legislated, carry on the reasonable and effective code which can full display judge the wisdom of points in our country, further to avoid any good at break of the referee. So in order to establish a series of system of the principle of free to perfect, can guarantee the case the truth that the accuracy of the justice of the judicial decision consequently more consolidated.
Keywords/Search Tags:Criminal Procedure, Free Heart-certificate Principle, Rule of Thumb Logic Law
PDF Full Text Request
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