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On the Criminal ethics

Author: LiJingRan
Tutor: LiuGenJu
School: China University of Political Science
Course: Procedural Law
Keywords: Criminal suit Ethical concepts Ethics research Legal control Value of content Humanism International Criminal Justice Standards United Nations Criminal Justice Standards Ancient and modern law Extorting confessions by torture
CLC: D925.2
Type: Master's thesis
Year: 2005
Downloads: 158
Quote: 3
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Abstract


The relationship of the legal and ethical problems the enduring ancient and modern jurisprudence and ethics in the history of the development of a discussion of the subject. Both are different contact its relationship presents a dynamic trends. Rely on each other as macro kind of legal and ethical mutual transformation, inclusive coexist relationship, the criminal proceedings micro ethical relationship has been true. Both ancient Chinese criminal procedure, or the International Criminal Justice Standards into the Code of Criminal Procedure of his country, always have ethical concepts through and reflected. Many systems, measures are included in our current Criminal activities, with deep ethical connotation, but the lack of a whole, it is clear the concept of support and theoretical summary. In this article, I build the idea of ??the ethics of the Criminal and combined with the concept of the Code of Criminal Procedure in certain systems and measures to improve or build theory suggests. The paper is divided into five chapters, each chapter reads as follows: first a general discussion of the relationship between law and ethics. First, by simple ethical and moral Discrimination clear both basically the same connotation; subsequently expand the dialectic describes the relationship between law and ethics, law and ethics both connections and differences, the overall ethical than legal terms of priority, is the value on which a certain legal philosophy, is to evaluate the degree of some of the pros and cons of the standard. Ethical and legal relationship was dynamic trend in the process of modernization, the ethical control gradually weakened, legal control increasingly strengthened. Finally, the author through the introduction of legal ethics research on ethical concepts and criminal litigation combined feasibility study. The second is the theoretical core of the article, mainly elaborated Criminal ethics. The first, the ethical spirit of the traditional litigation culture in China and the United Nations Criminal Justice Standards and reflects the simple enumeration and exposition, then, a study of China's Criminal theoretical basis of ethics and value connotations. The article pointed out that the particularity due to the activities of the criminal proceedings and the absence of the current Criminal Procedure Law Ethics, ethics makes the introduction of criminal proceedings become necessary, will have a profound impact on the ethics of the legislative and judicial activities of the criminal proceedings. The two basic ethical principles of ethics affect the activities of the Criminal humanitarian principles and the principles of justice. The establishment of these two principles will help the Code of Criminal Procedure from the respect of the right to life, the protection of personal freedom, respect for the rights of the personality and the importance of basic human moral sentiments in four areas reflect the value of the Criminal ethics connotation guiding Criminal activities to a more scientific and rational, civilized direction. Chapter elaborated on from system-specific legislation to establish a witness refused to permit rights with China's Criminal ethics issues. The witnesses Refusal to Testify right no matter in China or in other countries have deep historical roots, combined with the actual situation of China's legislative and judicial, from the point of view of the maintenance of family ethics and professional ethics, the article only to establish the spouse, close relatives refused to permit rights lawyer Refusal of Giving Evidence demonstrates the necessity. Chapter elaborated from the point of view of preventing confessions through torture, build Criminal ethics issues. The forced confessions behavior there are serious ethical deviation not only violate the justice concept, is also a departure from the humanitarian principles.

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