The Application Of Critical Thinking In Criminal Retrial Procedure

In China,unjust cases,false cases,and misjudged cases occur in a certain frequency.Many reasons,including judiciary institutional system,solidified thought pattern,prejudices,can lead to difficulties of judicial personnel making impartial judgment.Hence,in order to find out and correct mistakes on time,it is essential to implement and reinforce the capability of critical thinking.The research of Critical Thinking,as an introduced term in China,is still at the early stage of development.A mature model of theoretical system is absent.Nevertheless,this would not impede our research about the instructional function of critical thinking in the judicial practice.As a distinctive thinking mode,critical thinking might lead to public misunderstanding in terms of its ideology.The term is not what the denotation indicates--narrow criticism,but has its exclusive characters which reveal its autonomy,contemplativeness,and logicality.It is not only applied to people's daily life,but a wide range of professions,especially judicial practice.In retrial cases,critical thinking is the most frequently applied method.The entire justice process--censoring effective judgment,querying,negating,reviewing,comprehending implementation of case,reviewing the authenticity,validity,and relevancy,reviewing the adequacy of evidence chain,and the entire retrial(from review to final retrial judgment)--are the embodiment of critical thinking.Critical thinking not only can be applied to the construction of macroscopic system,but also specific training of thinking,ensuring the comprehensive evidence censoring.Finding out mistakes timely and correcting appropriately require judiciary officers undermining their solidified thinking mode and prejudices,adapting and reinforcing critical thinking,and implementing critical thinking in case reviewing.Let the late justice come soon,and let's enlarge the realization of social fairness and justice.