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A Legal Perspective of the Modernization of the Criminal Lawsuit

Author: WangZhenHua
Tutor: ZhouShiZhong
School: Guangxi Normal University
Course: The philosophy of Marxism
Keywords: the purpose of the criminal lawsuit the rationality of the criminal lawsuit value the modernization of the criminal lawsuit the modernization of Chinese criminal lawsuit
CLC: D925.2
Type: Master's thesis
Year: 2000
Downloads: 86
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Abstract


Undoubtedly, punishing crime and protecting human rights are the two important sides of the unity of opposites. The realistic character of the contradictory comes from the plural interests’ conflicts and existing judicial resources’ limits. To solve the problem of the contradictory and conflicts, the interests of country and society, the accused, the criminal suspicion and the victim’s interests must be balanced, accepted and rejected to make them coordinated and unified. The general principle is "choosing the less evil and selecting the more beneficial". The specific embodiment should be the principle of Balance and Restraint and the Principle of Circumstances Alter Cases. The purpose of our country’s criminal lawsuit should be reached by using the experience of the ci vi ] ized results of the international criminal lawsuit in common use and on the basis of national conditions.Value is an unavoidable and hot problem in criminal lawsuit. The rationality of the criminal lawsuit value is embodied as rationality of means and rationality of value is the unified existing system of the plural forms, while the most fundamental and the most important value of wh’ich are ’Justice, Democracy, Discipline and Benefit’. The justice contains justice of entity and justice of procedure?the former is the aim of the latter, the latter is the guarantee of the former. The inclination of democracy is to strengthen the guarantee of human rights during the procedure of lawsuit under the condition of not weakening the function of punishing crime. The order is the base on which the civilized society rely for existence, whose function is to discover curb and warn the crime. The benefit means trying hard to improve the rationality of putting in and output in the lawsuit and reaching the beneficial maximum.The modernization of the criminal lawsuit is the most basic, crucial and the most advanced embodiment of law in the global historical process in the 20th century. The modernization of Chinese criminal lawsuit is the inevitability of history. According to the established standard of the international criminal lawsuit, the Chinese criminal lawsuit’ s modernization has obvious progress and also dear gap. In fact, the modernization can’t be realized in one day, various barriers still exits in reality. They decided that the modernization of Chinese criminal lawsuit needs a long time. We believe, through people’s great efforts, China is bound to realize the modernization of criminal lawsuit.

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