The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduc...The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduced into Chinese academy of criminal law. From researches on various viewpoints about the theory of action liberal in cause in German and Japanese theories of criminal law, this paper discusses problems such as recognition of the form of a crime of action liberal in cause, the basis of straPoarkeit and how to coordinate with criminal law principles like ＂capacity for responsibility coexists with capacity for act＂. In the end, it puts forward the scheme of modification for relevant legislation of action liberal in cause.展开更多
The reality that social contradictions are intensifying in some parts of China has revealed some inescapable defects in the current stage of our criminal justice system and has presented new challenges to criminal jus...The reality that social contradictions are intensifying in some parts of China has revealed some inescapable defects in the current stage of our criminal justice system and has presented new challenges to criminal justice. Justice is a crucial factor in effective linkages between social governance and the path to the rule of law, and the attainment of good social governance through justice is a basic marker of a rule of law society. Using the rational choice framework to examine representative individual cases, we can see that theories of participatory governance, self-governance and polycentric governance provide an approach to the interpretation of extreme social contradictions and the reduction of social conflicts, thus constituting a theoretical support and guiding direction for the reform of the judicial system. This will enable us to create a dispute resolution mechanism consistent with the concept of societal governance and judicial principles.展开更多
The objective phenomenon of reliance on confessions is the source of many problems in the practice of criminal justice in China. Although successive amendments to the law have endeavored to improve the handling of con...The objective phenomenon of reliance on confessions is the source of many problems in the practice of criminal justice in China. Although successive amendments to the law have endeavored to improve the handling of confessions, they have been unable to resolve the dilemma of a rigid management mode, incompatible management strategies, and conflicting attitudes towards management. This paper has made a multi-dimensional reinterpretation of it from the judges＇ perspective, including functional analysis, cultural interpretation and immediate considerations. It reveals that behind its functions of offering moral comfort or allowing evasion of responsibility, confession, as a medium of physical and intellectual management, has the more important function of supplementing and improving the legitimacy of criminal verdicts. The remolding of the legitimacy of criminal verdicts with the coordinated improvement of the management of confessions will change the mode of association between those who currently govern confession and those they govern and will clash with the current closed mode of criminal justice management, thereby promoting a transformation in the governance of criminal justice.展开更多
文摘The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduced into Chinese academy of criminal law. From researches on various viewpoints about the theory of action liberal in cause in German and Japanese theories of criminal law, this paper discusses problems such as recognition of the form of a crime of action liberal in cause, the basis of straPoarkeit and how to coordinate with criminal law principles like ＂capacity for responsibility coexists with capacity for act＂. In the end, it puts forward the scheme of modification for relevant legislation of action liberal in cause.
基金an achievement of"Research on the Models,Rules and Reform Directions of the Socialist Legal System with Chinese Characteristics"(14AKS009)a major project of both the National Social Science Fund of China and Plan 2011 of the Collaborative Innovation Center for Judicial Civilization
文摘The reality that social contradictions are intensifying in some parts of China has revealed some inescapable defects in the current stage of our criminal justice system and has presented new challenges to criminal justice. Justice is a crucial factor in effective linkages between social governance and the path to the rule of law, and the attainment of good social governance through justice is a basic marker of a rule of law society. Using the rational choice framework to examine representative individual cases, we can see that theories of participatory governance, self-governance and polycentric governance provide an approach to the interpretation of extreme social contradictions and the reduction of social conflicts, thus constituting a theoretical support and guiding direction for the reform of the judicial system. This will enable us to create a dispute resolution mechanism consistent with the concept of societal governance and judicial principles.
文摘The objective phenomenon of reliance on confessions is the source of many problems in the practice of criminal justice in China. Although successive amendments to the law have endeavored to improve the handling of confessions, they have been unable to resolve the dilemma of a rigid management mode, incompatible management strategies, and conflicting attitudes towards management. This paper has made a multi-dimensional reinterpretation of it from the judges＇ perspective, including functional analysis, cultural interpretation and immediate considerations. It reveals that behind its functions of offering moral comfort or allowing evasion of responsibility, confession, as a medium of physical and intellectual management, has the more important function of supplementing and improving the legitimacy of criminal verdicts. The remolding of the legitimacy of criminal verdicts with the coordinated improvement of the management of confessions will change the mode of association between those who currently govern confession and those they govern and will clash with the current closed mode of criminal justice management, thereby promoting a transformation in the governance of criminal justice.
