China Criminal Porcelain System: Principle and Practice
January 05, 2022 09:29 Source: "China Social Sciences" January 5, 2022 Total 2323 Author: Wang Lei

Criminal Porcelain system is the key link of criminal judicial reform of "trial -centric",It is also an important factor in the substantialization of trials。Always,Criminal Porcelain is controversial because of the referee of the judge,The judge "set first and then review"、Trial "theatricalization" and other phenomena,It is still prevalent in Chinese judicial practice,This is obviously contrary to the substantial goal of the trial,It is also inconsistent with the reform of the "Judgment as the center" criminal litigation procedure,The criminal file system has become the target of long -term criticism。

  bet365 Play online games

Judging from the focus of the current academic community,The theoretical world has a negative theory of the criminal file system、Restricting theory of maintaining three different attitudes: negative theoretors emphasize the negative effects of the criminal file system in the lawsuit,And believes that the dossier transfer system in the process of lawsuits in my country is the main cause of the non -substantialization of court trials; although the restrices generally agree with the obstacles of my country's criminal file system to the current judicial reform,But at the same time, it is believed that there is still room for improvement in this system; the main theorist sees the stability of my country's criminal dossier system in judicial practice,Then turn his way to weaken its negative impact。From this,The perfect ideas proposed by the theoretical world are mainly in the following: First, abolition of the dossier transfer system,Establish a "Prosecutor's Bonus"; the second is to set up "intermediate bet365 best casino games program" such as pre -trial,to achieve the purpose of restricting the transfer of dossiers; the third is to keep the current status of the dossier transfer system,Reform the substantial transformation of the trial。These views and ideas,It can be seen from my country's theoretical doctrine and reform attempts on the theoretical doctrine of the criminal dossier system。

The current theoretical world has the following misunderstandings about the criminal dossier system: First, label the negative effect of the criminal dose system,It is believed that it is the first cause of the trial。Second is the cognitive limitations of the criminal dossier system related issues,Long -term focusing on the transfer system of the dossier。Third, the causal relationship structure between the criminal file system and the substantialization of the trial is online.,It is determined that there is a contradiction between the two in the two。Fourth is to improve the idea of ​​improving the criminal file system,Pay attention to the use of the dossier to explorate and ignore the quality of the dossier itself。In fact,The criminal dossier system is an indispensable component of the judicial system,In particular, this is even more so for the national law system with the traditional mainland law。We can neither cut it with the entire criminal litigation system,It can’t be excessively dependent on it,Instead of development、Comprehensive vision look。Overall,problems existing in the criminal file system of our country,Not only the problem of the dossier in the appearance,In essence, the question formed by the dossier itself。Therefore,Performance of the Criminal Porcelain System,The dual dimension of "institutional rationality" and "use rational",Gradually to achieve the operation rationality of the criminal file system。

  Fully grasp the operating principle of the criminal dossier system

If you say,In the past, what kind of criminal litigation model did we have the best "Sphinx" problem,And now it may be caught in the "Logos" difficulties running in the criminal file system。The problem of the existence of the criminal file system is the systemic problem,instead of criminal dossier simply as a problem of objective medium,The reform of only the transmission system for the criminal dose of dossier cannot achieve the desired effect。This is because of,In practice, there are not only misunderstandings in the use of dumplings,What is more serious is that the structuralness of the dossier system itself is unreasonable,But this does not attract too much attention in the academic community。This long -term cognitive bias,The resolution of the problem related to the dossier system becomes the cure of the silk,It is not conducive to the substantial bottleneck resolution of trial and the depth of the current "trial -centric" criminal judicial reform。

The discussion of rational operation of the criminal file system,The key point is not how the dossier is circulated at the level of the litigation procedure,Instead, summarize the principle of the roll operation principle from the legal level。Operating rationality of the criminal dossier system,The "institutional rationality" of criminal files and the "use rationality" of criminal files。The criminal dossier system rationally discussed the question of how the dossier system itself was reasonably formed,The expected purpose of the formation of the formation of the dossier、Requirements for the subjects of the litigation during the formation of the dossier、The specific content that should be contained after the formation of the dossier,and the angle of the implementation of the implementation of the implementation of the implementation of the dossier,Provides the rationality of the institutional rationality of the criminal dossier Bet365 lotto review provides the expanded specific ideas。Therefore, a relatively abstract lawsuit question,Placed in specific judicial practice to implement,Provides theoretical reference for the implementation of the criminal dossier system at the level of litigation procedures,and planned the idea of ​​trying to expand operations。Criminal dossier uses rational discussion on the question of how files are used as litigation resources,The purpose of the lawsuit to be achieved by using the dossier、Reasonable use of the internal and external guarantee required by the dossier、Use the conflict resolution encountered in the process of dumplings,and the method of using the method used by the dossier,provides a reference angle and standard for the use of criminal dossier's use of rationality。So systematization of how to use criminal files、Technology,Paper use in the judicial process,Gradually from the past "linear" consciousness to "three -dimensional" thinking,An important representation of the level of judicial skills and professional ethics。

The "institutional rationality" and "use rational",Systematically constitutes the overall operation of the dossier system,Only the dossier system that contains these two aspects,is the operation of the dossier system in the complete sense。On the one hand,The synchronization of "institutional rationality" and "use rationality" of dumplings,Partial waste can make the systemic reform of the dossier system lose effective。Reform of the dossier transfer system implemented in the past,Main content that belongs to the dossier,Put aside the dossier system rationally to force the use of rational achievements,Destined to be "passive water、Woodless wood "。On the other hand,Also pay attention to the complementarity of "institutional rationality" and "use rationality",If these two rationality in the dossier system cannot be self -consistent,bet365 Play online games Not only is it difficult to achieve systemic rational effects,It will also produce an unpredictable institutional "sequelae"。Current,"Prosecutor's Bonus" is obviously not in line with the actual situation of our country,Establish a separate public prosecution review or pre -review "intermediate program",It is also not the "thing in the pocket" of our judiciary。Reform practices in the past proved that only on the basis of maintaining my country's "scroll" referee,The systematic improvement of the dossier system is finally "on the right way",is also the most direct manifestation of the development law of my country's judicial system。

  Good law and beauty system and good law and good governance

"The meaning of the system is not perfect,and operate at a reasonable and acceptable level。"What is the perfect system? How to improve it? Damasca responded with the most concise language。We not only need to have an ambition with the "good law and beauty system",Explore the completeness of the legal system as much as possible,You also need to have the confidence of "good law and good governance",Make the law fit the practice of rule of law to the greatest extent,The ideal starry sky of looking up at the rule of law,The actual reality of local resources。On the road to pursue the rule of law,Legal perfectionism and legal realism are often intertwined,This not only reflects the feelings and dreams of the legal person,It is the most direct manifestation of the law of legal development。The improvement of the criminal dossier system is not exception,Good law and beauty system and good law are equally important in this process。

Discussion on the Criminal Porcelain System,Traditional ways to follow from theoretical system improvement to judicial practice test,Start with the theory of reshaping China's criminal file system,Discussion on the practice of comparing Bet365 app download the operation of the two major Dafa systems,Summarize the basic principles behind the operation of the criminal file system。On the basis of the operating bet365 Play online games principle of the criminal file system,Promote the formation of the unique discourse system of criminal litigation operation and criminal judicial referee、Theoretical architecture and practical path,and practice the theoretical system of the designed file operation theoretical system,Placed in Chinese criminal proceedings for targeted problems to resolve and test。Thinking of the Criminal Porcelain System needs to be kept from ontology、Epidemine Theory of practice to reform the theory of legal philosophy in the theory of Reform。Taking the criminal dossier system as the research object,In fact, the essential issue of power imbalance in the middle and long -term existence of criminal proceedings in the past; pay attention to exploring the legal issues behind the operation of the dossier system,Not restricted to simply litigation procedural problems。Only by analyzing the operating principle of the criminal file system,can it reflect the dilemma and misunderstanding existing in my country's judicial reform,Then demonstrates the urgency and feasibility of judicial practice path on the basis of the implementation of litigation rights,Put forward the perfect ideas of the rational operation of my country's criminal dossier system,and enlighten the current substantial reform of the court trial。

To sum up,The improvement of my country's criminal file system needs to be based on existing rule of law resources,Forms the rational rationality that conforms to the judicial characteristics at this stage,Provide prerequisites for the substantialization of court trials in the realm of Chinese language,Criminal procedural reform for "trial -centric" to launch an institutional foundation。

  (Author Unit: Criminal Law Office of the Standing Committee of the National People's Congress Standing Committee)

Editor in charge: Chen Jing
QR code icon 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games

Friendship link: Official website of the Chinese Academy of Social Sciences |

Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by the Chinese Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026