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The Empirical Research On Chinese Criminal Judicial Credibility

Posted on:2013-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2246330371992836Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Whether a national criminal justice system can be implemented effectively and observed widely, it depends much on the common people’s trust level to the system and its executive agencies. Only establishing a conscious obedience based on the common people’s trust, rather than rely on the maintenance of compulsion blindly. This is the source of the criminal justice system’s vitality. At present, taking the criminal judicial credibility seriously and remodeling the judicial credibility by the trust and even the belief of common people, are the problems that need to be considered deeply when we are promoting the criminal judicial reform. This thesis uses the way of the empirical research to analyze Chinese criminal judicial credibility by designing questionnaire. It’s aimed at finding out the weaknesses and the reasons of the weaknesses through the statistical analysis of the questionnaire. After the above analysis, I try to propose some measures about improving Chinese criminal judicial credibility.Part one is about the theoretical basis of the criminal judicial credibility. Firstly, this part summarizes that criminal judicial credibility’s double dimensional concepts separately from the angles of the authority operation and the psychology of audience. Then it points out the establishment of the criminal judicial credibility has a positive in safeguarding judicial authority and raising judicial belief, thus expounds the theories related to the criminal judicial credibility, and this lays a theoretical foundation for the empirical investigation of Chinese criminal judicial credibility.Part two is mainly about summarizing the current situation of Chinese criminal judicial credibility by researching the result of questionnaire survey. At first, this part introduces the background of the questionnaire survey, then it analyzes the situation of the questionnaire, thus summarizes that the existing situation of Chinese criminal judicial credibility, for instance, the overall level of trust in judicial authority is not high, the criminal defense meets many obstacles, the legal supervision power of the procurator organs is not obvious, the trial is heavy but the execution is light and so on.The third part is about finding out the reasons why Chinese criminal judicial credibility weakens. It mainly includes the following six aspects, the unbalance of the criminal investigation power, the lost force of the criminal procuratorial power, the lost motion of the criminal defense power, the lost fair of the criminal ruling power, the lost reason of the criminal enforcement power and the obstacles of the judiciary professionalism.The last part mainly puts forward the measures of Chinese criminal judicial credibility by investigating the current situation and analyzing the reasons. Firstly, the rational integration of the criminal judicial internal operation mechanism, it’s separately from the following five aspects to propose countermeasures, the criminal investigation power, the criminal procuratorial power, the criminal defense power, the criminal ruling power, the criminal enforcement power. Then it is the formation of the criminal judicial external benign mechanism, it is mainly about establishing the value evaluation system of the criminal judicial credibility, shaping the common people’s legal faith, constructing the legal professional community, building the social credit system.
Keywords/Search Tags:Criminal judicial credibility, Investigation, Procuratorial work, judgement
PDF Full Text Request
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