The 20th National Congress of the Communist Party of China proposes "Persist in governing the country in accordance with the law,In the key task of promoting the construction of China in China,"Strict Justice" as a requirement for the rule of law as a guarantee and promoting social fairness and justice,Can not be separated from the guidance of scientific theory,The theoretical results of science、Legal methods and judicial practice in -depth integration,Combining the rule of law with science,It is an important methodology for the construction of China in China。As a specific group of criminals, the will of the criminal、Thought、Science of intention and reaction law,Criminal psychology detection in criminal cases、Conflict and torture、In judicial procedures such as criminal reconstruction, other methods are played with irreplaceable scientific guidance。
Psychology of the suspect by digging the suspect,Find the root of the crime,Criminal investigation can cause a cognitive breakthrough in complex cases; in -depth grasp of psychological state of psychology through the psychological state of the criminal behavior and the social psychological state of criminal behavior,French and benefits of crime legislation can be effectively guaranteed to be effectively guaranteed; psychological analysis of the crime process,Form the crime of crime of crime intention and criminal purpose.,It is indispensable for the Justice Judge; use reasonable psychological intervention methods to give special criminals to help in teachings,In criminal execution, the transformation of criminals can often play half -effective effect。With the continuous breakthrough of the cutting -edge research of psychology and the continuous popularization of criminal psychology Bet365 app download involved in global judicial practice,How to give full play to the psychological analysis of criminal psychological analysis involvement in judicial practice efficacy,It is a time subject that my country's legal professional group needs to face together。
bet365 live casino games Focus on legal facts found
The fact that the facts of identifying the law are the first step in using legal disputes to resolve legal disputes。Borrowed by Professor Allen, a jurist at US evidence,Facts are the basis of rights and obligations,The accuracy of guarantee the facts of the facts,The primary goal of any criminal proceedings system。"Based on facts,Legal as the criterion "as the basic principle of my country's criminal justice,Convert natural facts into legal facts,Applicable space for psychological analysis of crime。Statistics of the Ministry of Justice Discovery,The "Hoh Case", "Zhao Zuhai Case", "Wu Chunhong Case" and "Nie Shubin Case" in China occurred in my country.,The fundamental reason is that "the facts are determined not clear",Among them, the scientific application of lack of criminal psychological analysis is one of the important reasons。As the US judge Kardo said,The most often connected in the lawsuit is the factual problem rather than the legal issue。In the theory and practice of crime composition,The subject and subjective aspect of the crime、The object and objective aspect of the crime,Criminal psychological analysis has a full range of applicable value for the determination of legal facts,and the above -mentioned typical cases that occurred in the early years,Look at the information disclosed,Lack of effective criminal psychological analysis。The most regrettable is,In many reflection academic comments on such cases,Few results from the perspective of criminal psychological analysis,This is a question that needs to be solved for improving the scientificity of criminal facts in criminal justice。
In view of legal facts consisting of legal events bet365 Play online games and legal acts,Legal behavior is undoubtedly an important object that the legal person is looking for the facts of legal facts。In criminal case,Criminal behavior can generally be divided into intentional criminal acts、Troubleshoot crimes、Forgotten criminal behavior and other types。"Knowing and intentionally or hopeful" "" Knowing and letting go ",Standard in the criminal behavior of negligence, "It should be foreseeable that there is no foreseeableness due to negligence,or I have foreseeable and trustworthy can be avoided ",Or forgotten the plot such as "inaction caused by the negligence" described in the criminal behavior,All psychological factors of criminal actors are inseparable。Criminal psychology is the pioneer of criminal acts,The nature of criminal behavior is often depends on the psychology of crime,The accurate determination of criminal behavior must be based on the perpetrator's criminal psychology as the focus。For this,Criminal psychological analysis involvement in judicial practice,Focus on the truth of facts,Have jurisprudence、Multiple basis for science and specifications。
Criminal psychological analysis attaches importance to legal loopholes
Legal loopholes are huge challenges of judicial practice,It is also the main reason for the limited effectiveness of the rule of law。According to Habermas's point of view,To maintain the stability of the law、Applicable wide nature and other functions,Legislators are used to deliberately let the law have "blurring language", "unfinished" and "lag" through technical means.。Look from the facts of legislative,Compared to complex and changeable social reality,Legal provisions always look stretched,The legal system "incomplete" and "vulnerability" have become a normal state。From the perspective of theoretical development of theory,It is because of legal loopholes,Laws only need to develop,It is also possible to develop。
In order to give full play to the legal service function,Legal professional Bet365 app download groups must conduct multi -dimensional interpretation and vulnerability filling of legal rules in judicial practice,Ensure the infinite approach of legal facts and legal norms。Otherwise,Legal social service functions will be greatly reduced,Legal beliefs will also be degraded。When filling legal loopholes or explaining legal provisions,You must look at the criminal behavior from the perspective of legislators,Analyze the criminal psychology of the criminal,Precise grasp of criminal motivation and criminal psychology,Only this,Only to show the true meaning of the legislators behind the legal provision。In other words,Legislators should study the psychological laws of crime,Then integrate the political standing of the legislators in the composition of the crime composition、Value -oriented、Legislative purpose、Cognition of legal behavior, etc.。We often talk about "Precision Legislation" and "Scientific Legislative Legislative",The meaning of creating legal norms with the use of criminal psychological methods and means。
The judicial principle of "with the law as the criterion" naturally includes justice in accordance with the principle of legal principles。For example,Legal qualitative of "rape crime",There is no special limitation of the "marriage state" in the laws and regulations,This clause triggers controversy in the judicial practice.,The deep mechanism behind it involves the problem of criminal psychological analysis。For this,In judicial practice, the psychological analysis of the criminal psychological analysis of specific cases must be combined,Comprehensive research and judgment of the criminal psychology that the legislators want to suppress or tolerate the use of the purpose interpretation method,Fang can grasp the law of the law,Copy complicated cases。In short,In the legal vulnerability filling system for the construction of scientific professional groups,Crime psychological analysis is indispensable。
Psychological analysis of crimeRelaxing legal responsibilities
The conclusion of legal responsibility is a major issue in judicial practice,is an important carrier that shows social fairness and justice。Due to legal responsibility, we must abide by the statutory responsibility、Three principles of justice and benefits,Can it be reasonable、Legal、Organic unity of philosophy to scientifically handle legal liability for legal liability,Not only related to legal effectiveness,And it is related to the development of the people's legal beliefs and the strategy of governing the country according to law。Legal liability cannot be separated from the scientific application of criminal psychological analysis。
Take punishment as an example,Although it is generally believed that the focus of blame for criminals is criminal behavior,But from the theory of crime composition to legal norms, and even judicial practice,Pay a high degree of attention to the criminal psychology that is closely related to crime behavior.。Due to criminal acts that are always affected and dominated by criminal psychology,To some extent,We can determine,The nature of criminal behavior is determined due to the psychology of crime,No full analysis of criminal psychology and drawing scientific conclusions qualitatively to the legal acts,This approach should not be allowed。As an important discipline for studying the laws of criminal psychology and behavior,Criminal psychology intervene in criminal legal liability needs to be deepened。
When the psychological analysis of crime is used for legal liability,,We must focus on the behavioral motivation and purpose of the offender,Fully analyzes the causes of their behavioral motivation and criminal purposes,Clarify the nature of its behavior motivation,Even the social conditions and individual conditions formed by the psychological formation of the criminal psychology,The relationship between the nature of the motivation of the crime and the purpose of the crime,Decided the subjective malignant size of the criminal behavior,bet365 best casino games and then determine the weight configuration of its legal responsibility。
Criminal psychological analysis helps criminal education transformation
Criminal execution activities related to the "last mile" of judicial justice,Educational correction work for criminals is another heavy task of judicial practice。Criminal psychological analysis in criminal execution to improve quality of criminal education and transformation、Prevention and reduction of re -crimes in a more important position。Specifically,Criminal psychological analysis helps teachers to correctly recognize the psychological state and danger level of criminals,Then take appropriate strategies to help criminals adapt to the transformation environment,Restore the distorted crime psychology,Promote the psychological health and personality reconstruction of criminals,Lay the foundation for it to return to society。
Practice as a psychological analysis of crime continues,Criminal psychological correction is proven to be an effective way to improve the effect of improving the effect of criminal education。What needs to be pointed out is,In the correction of criminal psychology,Pay special attention to the complexity of the criminal involved in crime、Limitation of corrected objects、The limitations of the use of correction technology and insufficient construction of prison psychological counselor teams,The applicable value of continuous development of criminal psychological correction。
In order to give full play to the role of psychological analysis of criminal psychological analysis in the transformation of criminal education,We should strive to start from the following two aspects: First, strengthen the construction of the prison psychological counselor team,Improve the professionalism of psychology of helping staff。Psychological counselor as a professional who transformed the offender psychological transformation,Solid psychological professional knowledge is to calmly cope with the increasingly complex crime form、Basis of improving the effect of psychological treatment of criminals,You need to build a team of psychological bet365 best casino games counselors。Second is the means of innovation of criminal psychological correction,Stimulate the emotional resonance of criminals。Effectively stimulate the emotional resonance of criminals,Help the criminal better transform themselves、Reshape life。
(Author Unit: School of Psychology, Shaanxi Normal University)
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