Traditional architecture and modernization of criminal judicial governance in China
August 30, 2022 10:03 Source: "China Social Sciences", August 30, 2022, Issue 2481 Author: Chen Weidong

  

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"Decision of the Central Committee of the Communist Party of China on several major issues on comprehensive deepening reforms" proposes,The overall goal of comprehensive deepening reform is to improve and develop socialist system with Chinese characteristics,Modernization of the national governance system and governance capabilities。A core indicator of the modernization of national governance is "rule of law"。Criminal justice is an important means to govern the country,It has always been valued by Chinese rulers,After more than 2,000 years of practice summary and theoretical interpretation,Formed on the basis of traditional philosophical thought,The traditional structure of criminal judicial governance serving the "unified" national rule of the country can be summarized as three levels。

First,National governance level。First,Punishment is considered an important means to govern the country,Bet365 lotto review is the main tool for establishing and maintaining social order。Next,Be proper or not is an important indicator for measuring whether the country is governing good,Germans and Sentences Auxiliary、Criminal punishment has become the basic concept of ancient governance countries。Last,Causal relationship between the fairness and orderly governance of criminal justice,Enchanting monarchs will protect the fairness of punishment through various means。2,Local governance level。The reality of the large -scale centralized country of centralized centralization determines that the characteristics of the Chinese governance model are from top to bottom。The key to the operation of this governance mode is to establish and improve the "upper order" and "lower love" mechanism,such as the "Trial" and "Control" in the Qing Dynasty。third,The level of grassroots governance。One of the main features of criminal judicial governance with Chinese characteristics is the importance of education。Ancient judicial focus on education and mediation,If the case mediation fails,or the crime is serious and cannot be "private",Even when it comes to the referee stage,bet365 Play online games The primary task of traditional justice is still moral education,Followed by punishment crime。

Time to move,The traditional governance structure is difficult to adapt to the development of modern countries and society,China's governance mode urgently needs to be transformed。Although during the transformation process,Methods of traditional criminal judicial governance have been greatly impacted by modern legal concepts,but,The governance model with Chinese characteristics still consists of the current governance needs in many aspects。In order to allow the "governance password" contained in the traditional criminal judicial governance structure of the Chinese law system,can be re -translated in the following aspects。

First,Contemporary mapping of penalties。In 2018, I wrote the criminal procedural law and confession and punishment from the width system,Become one of the most important basic systems in Chinese criminal justice。The basic content of the system is to voluntarily confess to your own crimes,There is no objection to the facts of the crime of allegations,Criminal suspects who sincerely regret and are willing to accept punishment、The defendant,The law shall be punished from lenient。bet365 Play online games The core of the confession and confession from the width system is "from width"。This system carries the tolerance of modern justice,Human care of criminal prosecution,helps to solve social contradictions in essence,Fix the damaged social relationship,Promoting social harmony。The reform of the confession and confession from the wide system is the contemporary mapping of the judicial ethics of ancient punishment.,The spirit of the pursuit of criminal pursuit of crime with traditional criminal judicial pursuit。

2,Social participation in criminal justice。Citizen participation is the basic direction of modern national civilization governance,Absorption of citizen participation is also a necessary means of judicial governance。Criminal justice focuses on relying on the masses、Mobilizing the masses is a major feature of Chinese criminal judicial governance。China's "Criminal Law Amendment (8)" established the community correction system,The community correction system integrates the practice of autonomy in the traditional society,This pair of helping criminals return to society as soon as possible、Promoting social harmony is positive,Bet365 lotto review It also meets the needs of socialized governance in modern criminal judicial governance。other,The educational function of China's criminal trial is still strengthening,Except for the publicity of the law,Criminal trial also conveys the core values ​​of socialism、Social order, good customs and other specifications。

third,Criminal judicial reforms in the concept of human rights。Compared with the traditional Chinese concepts of humanitarian judicial concepts such as "cautious punishment punishment" and "respecting the old -fashioned kindergarten and abolition of pity",Modern human rights protection from rights -oriented to people -oriented,Connotation of rights continuously expand,Program rights jumping for priority protection,Extended from domestic protection to international protection,presents a new development trend,improving the human rights guarantee system is the main tone of judicial reform in China for decades。When the "Criminal Procedure Law" was revised in 2012,Add regulations to "respect and guarantee human rights",Effectively requires the clause of the "National respect and protection of human rights" in China'Bet365 app download s "Constitution" to be required to land in the department law,At the same time, the "Criminal Procedure Law" in 2012 also increased that it must not force anyone to confirm that they are guilty、illegal evidence exclusion and other regulations。These new regulations are closely related to each other,The level of human rights guarantee in China's criminal proceedings has made great progress and development。

Criminal judicial governance model with Chinese characteristics contains the nature and function of punishment、Character role、Deep understanding of the relationship between justice and the people。This governance method is embedded in the spirit of the Chinese national culture,And in many aspects shaped or influence the current national governance system。Endogenic logic of refining China's criminal judicial governance,Make it meets the requirements of the governance,It is the only way to modernize China's criminal judicial governance。

Editor in charge: Zhang Jing
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