The criminal file bet365 bonus bets is a key link in the “trial-centered” criminal justice reform,It is also an important factor in whether the trial can be substantive。Always,Criminal files are controversial because they serve as the basis for judges’ decisions,The judge “decides first and then tries”、Phenomena of “theatricalization” of court hearings,Still prevalent in our country’s judicial practice,This is obviously contrary to the goal of substantive trial,It is also inconsistent with the reform spirit of “trial-centered” criminal procedure,The criminal file bet365 bonus bets has therefore become the target of long-term criticism。
Four theoretical misunderstandings
From the focus of current academic debate,Theoretical circles have negative views on the criminal file bet365 bonus bets、Three different attitudes of limitation theory and maintenance theory: the denialists emphasize the negative role of the criminal file bet365 bonus bets in litigation,And believes that the file transfer bet365 bonus bets in the litigation process in our country is the main reason for the desubstantialization of court trials;Although restriction theorists generally agree that my country’s criminal file bet365 bonus bets is an obstacle to the current judicial reform,But at the same time, I think there is still room for improvement in this bet365 bonus bets;Conservationists see the stability of my country’s criminal file bet365 bonus bets in judicial practice,Then look for other ways to weaken its negative impact。Therefore,The improvement ideas proposed by the theoretical circles mainly include the following: First, abolish the dossier transfer bet365 bonus bets,Establishing the "one-indictment doctrine";The second is to establish "intermediate procedures" such as pre-trial,To achieve the purpose of restricting file transfer;The third is on the basis of maintaining the status quo of the dossier transfer bet365 bonus bets,Reform to strengthen the substantive nature of court hearings。These views and ideas,This can be seen from the theoretical doctrines and reform attempts on the criminal file bet365 bonus bets in our country。
The current theoretical circle has the following misunderstandings about the criminal file bet365 bonus bets: First, the negative effects of the criminal file bet365 bonus bets are labeled,Considering it to be the primary reason for the ineffectiveness of the trial。The second is the limited understanding of issues related to the criminal file bet365 bonus bets,Long-term focus on the dossier transfer bet365 bonus bets。The third is to linearize the causal relationship structure between the criminal file bet365 bonus bets and the substantive nature of the trial,Confirmed that there is an irreconcilable contradiction between the two。Fourth, the idea of improving the criminal file bet365 bonus bets is one-sided,Focus on the application and exploration of the dossier but ignore the quality of the dossier itself。In fact,The criminal file bet365 bonus bets is an indispensable part of the judicial bet365 bonus bets,This is especially true for civil law countries with a tradition of using dossiers。We cannot separate it from the entire criminal procedure bet365 bonus bets,We cannot let it go unchecked,But to develop、Looking at it from a comprehensive perspective。Overall,Problems existing in my country’s criminal file bet365 bonus bets,It’s not just a matter of superficial dossier application,Essentially, it is still a matter of how the dossier itself is reasonably formed。Therefore,Improvement of the criminal file bet365 bonus bets,Need to go through the dual dimensions of "institutional rationality" and "application rationality",Gradually achieve the rational operation of the criminal file bet365 bonus bets。
Fully grasp the operating principles of the criminal file bet365 bonus bets
If you say,In the past, we were troubled by the "Sphinx" problem of which criminal procedure model is optimal,Now we may have fallen into the "logos" dilemma of the operation of the criminal file bet365 bonus bets。The problems existing in the criminal file bet365 bonus bets are systemic institutional problems,The issue of non-criminal files being purely an object of judicial media,Just reforming the criminal file transfer bet365 bonus bets cannot achieve the desired results。This is because,In practice, there are not only misunderstandings in the use of dossier,What is more serious is the structural irrationality of the dossier bet365 bonus bets itself,But this has not attracted much attention from the academic community。This long-term cognitive bias,Leading to the solution of problems related to the dossier bet365 bonus bets becomes more effective,It is not conducive to resolving the bottleneck of substantive court trials and the deepening of the current "trial-centered" criminal justice reform。
Discussion on the rational operation of the criminal file bet365 bonus bets,The focus is not on how files flow at the litigation level,Rather, it summarizes the operating principles of the dossier from a legal perspective。The rational operation of the criminal file bet365 bonus bets,Should include the "institutional rationality" of criminal files and the "application rationality" of criminal files。The criminal file bet365 bonus bets rationally discusses how the file bet365 bonus bets itself is reasonably formed,The expected purpose to be achieved from the dossier formation、Requirements for each litigation subject in the process of file formation、The specific content that should be included after the dossier is formed,As well as specific methods for the reasonable formation and realization of dossier,Provides specific ideas that can be developed for the institutional rationality of criminal files。Thus, a relatively abstract litigation jurisprudence issue,Place it in specific judicial practice to implement,Provides theoretical reference for the implementation of the criminal file bet365 bonus bets at the procedural level,And planned ideas for trying operations。The application of rationality in criminal files explores the issue of how to use files as litigation resources,From the perspective of the litigation purposes to be achieved by using the dossier、Internal and external guarantees required for reasonable use of files、Resolving conflicts encountered in the process of using dossier,As well as dimensions such as methods that can be used in dossier application,Provides reference angles and standards for the rational use of criminal files。Thus systematizing the problem of how to use criminal files、Technology,The use of files in the judicial process,Gradually moving from the past “linear” consciousness to “three-dimensional” thinking,And become an important symbol of judicial skills and professional ethics。
"Institutional rationality" and "applied rationality" of criminal files,Systematically constitutes the overall operation of the dossier bet365 bonus bets,There is only a dossier bet365 bonus bets that includes these two aspects,This is the operation of the dossier bet365 bonus bets in the complete sense。On the one hand,It is necessary to emphasize the synchronicity of “institutional rationality” and “application rationality” in the dossier,A partial neglect of any aspect may make the systemic reform of the dossier bet365 bonus bets ineffective。Reform of the dossier transfer bet365 bonus bets implemented in the past,Mainly related to how to use the dossier,Throw aside the rationality of the dossier bet365 bonus bets and force the use of rationality,Destined to be "water without source、A tree without roots”。On the other hand,We must also pay attention to the complementarity of "institutional rationality" and "applied rationality" in the dossier,If these two kinds of rationality cannot be consistent in the dossier bet365 bonus bets,Not only is it difficult to achieve systematic rational effects,There will also be unpredictable bet365 bonus bets “sequelae”。current,The "one indictment doctrine" obviously does not conform to the reality of our country,Establishing "intermediate procedures" such as separate public prosecution review or pre-trial,It is also not the “baggage” of our country’s judiciary。Previous reform practices have proved that only on the basis of maintaining our country's "marking" refereeing method,Only by systematically improving the dossier bet365 bonus bets can we finally "get on the right track",This is also the most direct manifestation of following the development laws of our country’s judicial bet365 bonus bets。
Good laws and good governance go hand in hand
"The meaning of the bet365 bonus bets is not perfection,Where it operates at a reasonably acceptable level。”What is perfect in a bet365 bonus bets?How to improve?Damasca responded philosophically in the most concise language。We not only need to have the ambition of "good laws and beautiful systems",Explore the completeness of the legal bet365 bonus bets as much as possible,You also need to have confidence in “good laws and good governance”,Make the law conform to the practice of the rule of law to the greatest extent,Strive to look up to the ideal starry sky of the rule of law,Based on the reality of local resources。On the road to pursuing the rule of law,Legal perfectionism and legal realism are often intertwined,This not only reflects the feelings and dreams of legal professionals,It is the most direct manifestation of following the laws of legal development。The improvement of the criminal file bet365 bonus bets cannot be an exception,Good laws and good governance are equally important in this process。
Discussion on the criminal file bet365 bonus bets,Need to follow the traditional approach from theoretical bet365 bonus bets improvement to judicial practice testing,We must start from the theory of reshaping China’s criminal file bet365 bonus bets,We will also start the discussion by comparing the practice of the operation of the criminal file bet365 bonus bets of the two major legal systems,Summary the basic principles behind the operation of the criminal file bet365 bonus bets。Based on the operating principles of the criminal file bet365 bonus bets,Advocate the formation of a unique discourse bet365 bonus bets for the operation of criminal proceedings and criminal judicial adjudication in our country、Theoretical framework and practical path,And put the designed theoretical bet365 bonus bets of file operation into practice,Place it in Chinese criminal proceedings for targeted problem resolution and testing。Thinking about the criminal file bet365 bonus bets needs to be based on ontology、Progressive thinking model of legal philosophy from epistemology to practice theory and then to reform theory。Taking the criminal file bet365 bonus bets as the research object,In fact, it reveals the essential problem of long-standing power imbalance in the operation of criminal proceedings;Focus on exploring the legal issues behind the operation of the dossier bet365 bonus bets,Instead of sticking to simple procedural issues。Only by analyzing the operating principles of the criminal file bet365 bonus bets,In order to reflect the current difficulties and misunderstandings in our country’s judicial reform,And then demonstrate the urgency and feasibility of judicial practice path based on the implementation of litigation rights,Propose ideas for improving the rational operation of my country’s criminal file bet365 bonus bets,It also provides some inspiration for the current substantive reform of judicial trials。
In summary,The improvement of my country’s criminal file bet365 bonus bets needs to be based on the existing legal resources,Form an operational rationality that conforms to the characteristics of the current judicial bet365 bonus bets,Provide prerequisites for realizing the substantive nature of court trials in the Chinese context,Laying an institutional foundation for the “trial-centered” criminal procedure reform。
(Author’s unit: bet365 bonus bets Law Office of the Legal Affairs Committee of the Standing Committee of the National People’s Congress)
Friendly links: Official website of Chinese Academy of Social Sciences |
Website registration number: Beijing Public Network Security No. 11010502030146 Ministry of Industry and Information Technology:
All rights reserved by China Social Sciences Magazine. No reproduction or use without permission
Chief editor’s email: zzszbj@126.com Contact information of this website: 010-85886809 Address: Floor 11-12, Building 1, No. 15 Guanghua Road, Chaoyang District, Beijing Postal Code: 100026
>