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A Study On The Judging Reasoning In Criminal Cases

Posted on:2017-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2296330509951627Subject:Law
Abstract/Summary:PDF Full Text Request
People’s court makes written judgment based on examining fact and evidence according to legal procedure paper of sentence is the carrier of criminal judgment.By displaying reasons of criminal judgment to reach a certain dispute, to convince the public, to establish the role of judicial authority. However,The reason of criminal judgment is simple and having no attention to procedural matters as well as lacking of legal reasoning and argument in judicatory practice. It will be bad for the realization of the value of justice. Based on the above problems,the author will talk about the problem of theoretical and practical of reasons of criminal judgment in order to provide positive suggestions for winding level of reasons of criminal judgment.The paper is divided into five parts. The first part is an introduction.It mainly elaborates the basic problems of proposition, including selected topic research background and significance, research methods and innovation of this thesis.The second part introduces the overview of reasons of criminal judgment. First of all, the author introduces the basic concept of criminal judgment and reasons of criminal judgment. Then the author analyses the characteristics and value of criminal judgment reasoning. The third part is about legislation present conditions of reasons of criminal judgment and then summarizes the problems existing in the judicial practice and analyze the causes of the problems. The fourth part expounds present conditions of reasons of criminal judgment and explains the difference of status and structure and style In Two Legal, in addition,the author shows the advantages of reasons of criminal judgment In Two law aims to offer references our country. The fifth part describes the specific ideas to improve the level of reasons of criminal judgment. First of all, the author thinks the judge should change ideals and establish the ideal of supremacy of procedure, secondly, we should improve legislation and confirm the elements of reasons of criminal judgment. Thirdly, we should regulate judicature and use methods properly of reasons of criminal judgment. In the last place,take measures and the ability of stating reasons should been further strengthened.
Keywords/Search Tags:criminal judgment, state reasons, verification, persuasion
PDF Full Text Request
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