Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure

On the theory of the criminal judgment of first instance

Author YinLiJu
Tutor LiuGenJu
School China University of Political Science
Course Procedural Law
Keywords Judgment reasoning Reasons for Judgment The course of justice Discretion The legitimacy of the judgment
CLC D925.2
Type Master's thesis
Year 2006
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Shall reform as an important part of the reform of the criminal trial , has already been referred to the work schedule of the People's Court . Criminal judgment reasoning shall reform should be the top priority . The criminal judgments show the course of justice to the public image of the carrier , is a concentrated expression of the modern fair judicial philosophy . The biggest problem in the current criminal judgment is impervious to logic , become a major problem for legal theory and judicial practice in front of this malaise . Although China's Supreme People's Court made ​​a judicial interpretation on this issue , but the practical results are not satisfactory. This article elaborated the concept of the criminal judgment reasoning as well as the problems , the history of the criminal judgment reasoning of foreign practices , and elaborated on the reform of the criminal judgment reasoning countermeasures and perfect vision . On the basis of the detailed comparison and analysis , the author collected a large number of ancient literature and abroad , the direction of the reform of the criminal judgment reasoning . Of the conclusion of the article as much as possible to achieve the dual requirements of the theory and practice . I hope this can play a role in the reform and improvement of the criminal judgment reasoning . Text composed by the five parts of the executive summary , directory , introduction, body and conclusion . The body is divided into six chapters. The first chapter of the problem , asked the status of the criminal judgment reasoning through the Liu Yong cases and Chu Shijian cases . The second chapter is the and strengthening criminal judgment reasoning significance . Judgment on the principle of open justice, from the program , limiting the discretion of the judge , the criminal judgment itself legitimacy of proof , so that the parties

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