Research On Structural Factors Of Case Sociology

In recent years,case sociology theory has been studied in China.However,the existing research mostly begins with the interpretation and introduction of the theoretical viewpoints of the classic sociology of case science,or the social structure analysis of the treatment of specific types of cases using the theoretical theory of case sociology.However,there is no corresponding research and exploration on whether the theory of case sociology is applicable to China's judicial practice.This article takes the criminal case of legitimate defense as an example,and uses the statistical method of data analysis and adopts a value-neutral position based on sociological perspective to try to answer this question.The problem consciousness of this paper is to ask which social factors determine the criminalization and sentencing of criminal cases related to legitimate defense,what are the shortcomings in using the sociological theory of case to explain its characteristics and laws,and explain what these shortcomings are,including the theoretical model of case sociology Reflections on the reflection of the application of case sociology in China: an analysis of the structural factors of case sociology in China.First of all,the author will lead to the question of whether the case can be predicted through the "8·27 Kunshan anti-killing and proper defense case",and then whether the theory of black law in Black Case applies to the issue of Chinese judicial practice.The first part of the text introduces the formation of the theoretical model of the sociology of Black Case and the main theoretical viewpoints,and uses it as a theoretical premise to discuss the social factors of criminal cases related to legitimate defense.The second part explains the reasons for choosing criminal cases related to legitimate defense and examines the characteristics and laws of conviction and sentencing in criminal cases of legitimate defense in China,and regards it as a practical premise for discussing the social factors of criminal cases related to legitimate defense.The third part and the fourth part further explore the opponent effect and lawyer effect in the handling of criminal cases related to legitimate defense.By comparing the sociology theory of the case and the judicial practice in our country,it reveals that the case sociology is partially applicable and insufficient in the judicial practice.Theoretical limitations.The fifth part tries to extract the main social factors that determine the handling of cases in China's social environment,namely the social structural factors of case sociology,and consider the reasons for the general flaws in the sociology of cases.The research shows that the sociological theory of the case has great limitations,which obviously lacks explanatory power for criminal conviction in China,and has certain explanatory power for the sentencing of criminal cases and the handling of certain types of cases in China.The use of case sociology theory in the social environment of our country to explain and predict case handling needs to take into account the unique social factors.These social factors mainly include: factual factors based on evidence referee,legal factors as referee norms,trial system factors as case diversion mechanism,limited judge discretion factors,flexible policy factors,and public opinion factors based on judicial supervision.