Study On Criminal Judgment In China

At present,the study of criminal judgments in China mainly focuses on the legal language and judgment theory.However,there is no research on criminal judgments as a discourse practice,leading to the limitations of related research theories and scope.Based on the perspective of critical discourse analysis,the features of criminal judgments as discourses are: They have communicative functions,have practical processes,and have specific purposes for their writing.Using the social cognition method of critical discourse analysis theory to analyze the concrete manifestations of the ancient Chinese criminal judgments,the judicial thoughts and judicial policies reflected,and analyze the changes in the concrete manifestations of contemporary criminal judgments in China,and study the concrete manifestations of the US criminal judgments.The social background factors that cause differences: Firstly,different criminal policies;Secondly,different legal systems;Thirdly,the signature system is different.At present,the shortcomings of China’s criminal judgments are: contempt for the potential influence of criminal judgments;criminal judgments are less acceptable.Therefore,it needs to be improved from the following two aspects:First,attach importance to criminal judgments from the perspective of the construction of the judicial system;second,improve the acceptability of judgments from the writing of criminal judgments.