On Fairness And Justice In The Field Of Criminal Justice In China

In the long history of mankind,the pursuit of fairness and justice has never been interrupted.The development and progress of human society and historical changes all reflect people's pursuit of fairness and justice.Fairness and justice in the field of justice,especially in the field of criminal justice,is the focus of the whole society,because it not only involves the basic rights of the perpetrators,such as life,freedom,property,but also sets the core standard for the whole social order.With the rapid development of China's economy and society,the acceleration of China's construction under the rule of law and the gradual advancement of judicial reform,the issue of fairness and justice in the field of criminal justice in our country has attracted widespread attention.Based on my own work practice,the author chooses to explore the current situation of fairness and justice in the field of criminal justice in our country,and combines with the analysis of specific cases to analyze many unfair phenomena.Causes of formation,and put forward some solutions for reference.Firstly,in the preface of the article,the fairness and justice in the field of criminal justice in our country are taken as the object of this study.The main idea of this paper is to collect relevant cases,analyze the existence of judicial injustice,summarize the problems and analyze the causes of the phenomenon,and select a feasible solution based on the case of the people's Procuratorate in a district of Changchun City.Chapter follows the idea of finding problems-analyzing problems-solving problems,and focuses on the part of solving problems,and finally draws a tendentious conclusion.Secondly,the author focuses on the following three aspects of injustice in the field of criminal justice in China.Firstly,on the issue of regional differences,because our criminal legislation is relatively rough,the amount of specific crimes has not been clearly defined,so in the specific application process,the judicial interpretation issued by the Supreme People's Court and the Supreme People's Procuratorate has been specifically stipulated,at the same time,the most important one is the judicial interpretation issued by the Supreme People's Court and the Supreme People's Procurator The Supreme People's Court also authorized provincial people's courts to interpret,which eventually led to huge differences in conviction and sentencing in such a unitary country as China.The author set up specific cases,analyzed the differences in conviction and sentencing in different places,analyzed their causes,and expounded the great damage to the concept of fair and just justice.Secondly,on the issue of drug purity,the criminal law of our country only specifies the quantity of drugs.On the issue of drug purity,the law does not convert it.This leads to the convergence of sentencing between two types of drug crimes,which are large in quantity but low in purity and large in quantity and high in purity,in judicial practice,because of the personal danger and high purity of the two types of drug crimes.There are great differences in social harmfulness,so its impartiality is doubtful.Thirdly,the abuse of the relative non-prosecution system,combined with my own work experience in the procuratorate,the author expounds that the standards of the procuratorate are not uniform when applying the relative non-prosecution right.In the same type of cases,the cases with lower social risk are prosecuted while the cases with higher social risk are relatively not prosecuted.The application of the relative non-prosecution in different cases,especially in the cases of duty crimes,is clear.The unfair application of the relative right of non-prosecution has seriously affected the social trust and recognition of judicial organs.Thirdly,the author makes a detailed analysis of the causes of judicial injustice and its harm.The author believes that the above-mentioned problems are mainly due to the following three reasons: first,the legislative level of the problem,the legislative organs passively exercise the legislative power and legislative interpretation power,resulting in judicial organs can freely carry out judicial interpretation,and its effectiveness to the legal level;second,the judicial organs pipeline operation,do not pay attention to case justice,each case has its own characteristics and characteristics.The intrinsic nature of the judicial organ's mechanical law enforcement,regardless of its case characteristics,will inevitably lead to some lawful and unreasonable cases,such as drug purity;the third is that the lack of judicial supervision mechanism leads to abuse of judicial discretion,which must be protected,because this is the combination of legal facts and free self-imposition in the process of handling cases by judicial personnel.Cheng is the basis of realizing case justice,but if the discretion is not regulated,it will lead to the abuse of judicial power and judicial justice can not be discussed.On the one hand,judicial injustice will lead to the loss of judicial authority and the lack of judicial credibility.On the other hand,it will promote the spread of injustice in the whole society and the collapse of social order.At the same time,the number of Appeals for criminal complaints is generally increasing,and the situation of social harmony and stability can not be established.Finally,the author puts forward his own solutions to the injustice in the field of criminal justice in China.The author thinks that we should first safeguard judicial justice by improving legislation.On the one hand,we should refine legislation technology on the basis of upholding the principle of legality of crime and punishment,and stipulate relevant provisions of conviction and sentencing in the form of law,so as to avoid the abuse of judicial interpretation power eroding the legislative power.On the other hand,we should also adhere to the principle of compatibility between crime and punishment in the legislative process.If it is appropriate,it will lose its impartiality.Secondly,the author believes that judicial reform should be adopted to strengthen judicial independence and eliminate extrajudicial interference in order to ensure judicial impartiality,which requires a good handling of the party's leadership relationship with judicial organs,while ensuring the independence of judicial funds and the De-Administration of institutional personnel,while paying attention to solving the interference of public opinion on cases.Thirdly,it is necessary to improve the judicial supervision mechanism,from both internal and external levels of supervision,for the division.