Study on Criminal Procedure Law as a social science
July 27, 2022 09:39 Source: "China Social Sciences" July 27, 2022 Total 2457 Author: Yang Jiwen

The study of criminal litigation law shall have a consciousness of theoretical problems that run through,The issues from legal practice to the topic that meets social science standards,By the formation of theoretical propositions and academic signs with local characteristics of China。Experts of Criminal Procedure Law,We should avoid the "Domain,Regardless of the title "Research misunderstanding,Make as much as possible to cross -disciplinary disciplines for the basic issues of criminal litigation law、Scientific research analysis,Gradually construct a criminal litigation law system with Chinese characteristics、academic system and discourse system。

First,Clear criminal litigation law is social science。Criminal Procedure Law as a second -level discipline,is social science,It is also science,instead of humanities。The nature of humanities、The value consideration and literary description of the imagination of "Gao Lang",It may be far beyond the scientific problem itself。For example,Discussion in the jurisprudence in the jurisprudence, in the controversy between the "social science law" and "the teachings of the law",You can see the consciousness of cross -disciplinary issues in the essence of social sciences and theoretical research in the law。This also determines the fundamental characteristics of future criminal litigation law bet365 live casino games research,The path of implementation is the application of social science law in criminal litigation based on the research represented by empirical law、Reflection and transcendence。

Second,Since it is science,It is necessary to have a basic scientific research path。It mainly includes two aspects: the first is to discover the facts,The second is the research relationship。This has a clear manifestation in economics and sociology。For example,Evidence in criminal proceedings,The conceptual theory of the facts of the facts of the case needs to be followed,and in evidence and facts、evidence and evidence、A relationship with logic and standardization between evidence and law。and the study of criminal litigation law not only requires fairness and justice -values ​​-self -feel "social responsibility",And needs to be an economist、Sociologists Learning,From assumptions -solve problem departure,Build a scientific research idea and research paradigm。

third,How to discover the facts? That is, "Through logic and reasoning"。For example,In the research and statistical research of metering economics,Many facts are hidden behind the phenomenon,Therefore, logical reasoning is needed to discover the facts,"Look at the essence through the phenomenon"。At the same time,Relatives need to be explained by (legal) methods and methodology,This is the basic task of scientists (jurists)。This is because of,"All science,All are empirical -just talk about facts,No value judgment "。Then,bet365 best casino games Regular problems and experience problems in criminal proceedings,Need to emphasize logic empirical research。This logic has a dual meaning,That is to use logic to connect the facts in series,and use logic to infer the future。For example,In the investigation process of criminal proceedings,Various information and clues of the suspect,Discover the facts of the case through retrospective reasoning and logical analysis,And the deduction and inference of this case facts requires existing facts and evidence materials for analysis and judgment。Therefore,"Only logic is true/reliable",You need to confirm the "A series of cause and effect chain",At the same time,You need to avoid "incomplete facts" in personal sensory and value judgment。

Fourth,What is a scientific theory? That is, "systematic reason"。For example,In economics,Explain the facts through assumptions -inference -interpretation -reasoning。That is to say,Reasons and reasons (cause and effect chain、Logic chain) Locate reason,Avoid jumping of thinking logic。"There is a reason for existence,but not necessarily reasonable ",We need to systematically pursue the truth behind the facts in scientific research,This principle is the scientific theory emphasized in this article。During the trial of criminal proceedings,The judge made a ruling,Not only requires strict application of laws and accurately identify the facts of the case,Basic principles and reasoning processes that need to be made public and demonstrated,Putting bet365 live casino games the facts through the judgment、Reasoning "。Therefore,The writing and demonstration of the judgment,It can be regarded as a judge based on the law、Scientific theory made by experience and facts。

Fifth,What is the research theory? As a scientific research, criminal litigation law theory domain,Must be a question that can be answered,It must be a scientific proposition,that is, the "proof can be fake" emphasized by Poper。For example,The judge judgment of the previous discussion,is a scientific theory or scientific theory。It needs to be advanced between proof and refutation。At the proof level,Discover facts and relationships through the aforementioned scientific theory,Promoting the existing research topics and content,Then it proves the logic of "difference manufacturing facts"; at the refutation level,Through scientific theory, you can derive the lack of research and defects,So that scientific theories can be verified and anti -proof in facts and logic,and check through certain judgment standards,It is reflected in whether it exceeds people's daily experience and knowledge scope,Whether it is in line with the integration of reasoning and logic,And the abstraction summary in the proof or refutation is consistent with the description of the narrative。This pure scientific theory paradigm,Facts that are often discovered by facts based on causality or natural evolution as a logical starting point。In the study of criminal proceedings,It is mainly Bet365 app download reflected in the standard value and behavior of the dimension (social) relationship (experience facts) guidance。This problem that can be falsified or on the domain must be implemented and continued to advance,Then the backbone and main line of scientific research。The standards of confirmation and falsification in criminal litigation research,It must be combined with the standard characteristics of criminal proceedings。This standard is reflected in the legal norms emphasized by the jurists、Evidence material authenticity and procedure legitimacy requirements。

Sixth,What is a research proposition? That is logical、Promotion、Judgment that can be verified。This judgment is not simple and wanton,Instead of forming a scientific domain through logic and reasoning,Reach factual discovery and relationship disclosure in the discussion domain,Explanation questions that can be falsified。For example,In the ethics papers, you can generally "get a verifiable conclusion",This is a verified proposition,That is, "the question is answering"。and,It is promoted、With academic value,Can be in a certain explanation variable,Drive various factors in the factors of the incident system and the various vectors of the facts in the relationship.。Therefore,Propositions in criminal litigation research,Need to tell "Stories": History of the case -factual review and logic -relationship structure system。then,Converts from interpretation variables to interpretable bet365 Play online games variables,The theoretical domain conversion of research issues。Then,Need to follow the following basic ideas: Thinking from the story,Forms "a complete judgment" and forms theory (hypothesis、Assumption)。

Seventh,Studies of Criminal Procedure Law requires the formation of scientific research standards: new discovery,New Explanation。In this scientific process,You need to pay attention to the "problem consciousness" in criminal litigation research。Awareness of the theory,It may be all research objects,instead of a question。This is because of,It may not be included in the research of academic literature,Scientific value of criminal litigation research,It must be advanced in the theory of facts and relationships intertwined。For example,Legal economics in criminal proceedings,It is a specific problem in criminal judicial application with the value of economic theoretical tools and rational people,Then there may be new discoveries and new explanations。Of course,Criminal Procedure Law as a scientific research,You also need to pay attention to scientific philosophy,Pay attention to the interdisciplinary discussion of the theory of the law,It is necessary to meet the standards of social science,Especially the conscious consciousness of methodology。Therefore,More academic colleagues need to explore the scientific and modernization of China's criminal litigation law theory research system。

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(Author Unit: School of Criminal Law, East China University of Political Science and Law、China Environmental Crime Governance Research Center of East China University of Political Science and Law)

Editor in charge: Chen Jing
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