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Building the Criminal Judicial Precedent Model in China

Author: ZhangChenChao
Tutor: YangKeZhong
School: East China University of Political Science
Course: Procedural Law
Keywords: Criminal jurisprudence Judicial interpretation Construct
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 44
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Abstract


Transplantation and learn from the different legal concepts and legal systems is a fundamental characteristic of the modern development of the rule of law. System of jurisprudence is rooted in the common law countries is gradually learn the traditional civil law countries and absorption. Case system has been one of the reasons they recognized its overcome the statute law is too vague and abstract limitations, there is conducive to the realization of justice cases, the promotion of justice and judicial unified, and ultimately to provide protection for the judicial authority. This article is based on the study of jurisprudence philosophy and foreign jurisprudence system to explain the mode of our existing criminal justice, pointed out that the introduction of criminal jurisprudence positive value of the maintenance of the independence, unity and stability of Criminal Justice, and the Construction of the basic assumptions of the model of China's criminal justice jurisprudence. This paper is divided into four parts. The first chapter introduces the the criminal jurisprudence basic meaning, analysis of the current understanding of the theory and judicial practice of the department of criminal jurisprudence issues, to explore the legal value embodied in the criminal jurisprudence behind. The second chapter from a historical perspective, made a simple examination of the development and characteristics of the domestic and international judicial precedents. The article pointed out, the basic characteristics of the common law countries jurisprudence mode is that the law of \The main features of the jurisprudence of the civil law countries mechanisms is to interpret the law and supplementary jurisprudence program run in order to realize the legal predictability. The article also pointed out that China has a strong tradition of jurisprudence justice. Plays an important role in China's ancient precedent in the entire history of the development of China's legal system. Based on the third chapter in his discussion of the necessity and feasibility of the introduction of criminal jurisprudence mode, combined with the analysis of the plight of the existing judicial interpretation mode, put forward the idea of ??building a criminal case mode of judicial interpreted advocate explained to the jurisprudence of the form ways to improve the existing text to explain. The fourth chapter in the procedural structure made specific recommendations for the creation, operation and security of our criminal jurisprudence. The article pointed out that China should build the criminal jurisprudence created by the Supreme Court as the core system, design specifications scientific of criminal jurisprudence screening and announcement mechanism to play the positive role of the criminal jurisprudence of the to guide judges referee, constraints Penalty behavior. At the same time, set up a series of protection the criminal jurisprudence function benign operation supporting systems and services. The end of the article is a summary. Summarized the full text, the author pointed out that the introduction of criminal jurisprudence may face dilemmas and reform process should adhere to the basic principle.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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