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Research On The Standardization Of Judicial Decisions

Posted on:2019-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:X M LiuFull Text:PDF
GTID:2416330566458882Subject:Law
Abstract/Summary:PDF Full Text Request
The referee instrument is the ultimate vehicle for demonstrating the legal proceedings in court,reflecting the process of the judge's testimony and obtaining the judgment.Criminal referendum instruments reflect the entire process of criminal trial.Therefore,the production of criminal referendum instruments is an important criterion for examining the judicial ability of a judge.It is the most intuitive way for the audience of an article to know and recognize the situation of the case.And it is a measure of judicial fairness or not One of the rulers.With the implementation of the system of online publicity of referees 'documents in 2013,higher demands are placed on the production of referee documents,especially the referees' documents.Through the inspection of the open criminal judgment documents,we find that there are some problems such as the unsubstantiated argumentation and inadequate reasoning.Therefore,the research on the standardization of the judgment instruments is of great significance.From a combination of theory and practice,this article examines the characteristics of criminal judgments in Anglo-American legal systems and Civil Law System Criminal Verdict Instruments.This essay sorts out the research on Chinese scholars,various types of regulatory documents related to the production of normative documents published by the Supreme Court,the normative documents of all kinds of refereed documents issued by the Supreme People's Court.The writer randomly drew part of the criminal judgments of Chinese referee net for research.And the writer analyzed the remaining problems in the making of the instruments of criminal arbitration in our country and analyzed the reasons.At last,the writer put forward reasonable suggestions on how to perfect the instruments of criminal arbitration,and provided a modest means to promote the progress of judicial reform.Firstly,the article introduces the concept,characteristics and value functions of the criminal judgment documents,and fully explains the meaning of the criminal judgment documents.The second part examines the criminal judgment documents of the two major legal systems and analyzes the characteristics of the different legal system judgment documents and takes them as the essence.As a reference for the standardization of criminal judgment documents in China,the third part analyzes the criminal judgment documents in China and finds out the existing problems,and analyzes the root causes of the problems.In the fourth part,aiming at the insufficiency of some criminal judgment documents,we propose standardized measures in order to improve the quality of the criminal judgment documents,exert their maximum value,and safeguard the impartiality of the judiciary,and further promote the process of realizing the rule of law.
Keywords/Search Tags:Criminal magistrate instrument, Text production, Normalization
PDF Full Text Request
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