The aim of the article is to show that Professor Cie?lak is the founder of the scientific school of philosophical and legal thought in criminal proceedings and five thoughts belonging to this school regarding the subj...The aim of the article is to show that Professor Cie?lak is the founder of the scientific school of philosophical and legal thought in criminal proceedings and five thoughts belonging to this school regarding the subject of the criminal process, the identity of a deed, participants in the process, the burden of the proof, the obligation of proving, and division the grounds for detention. Professor Cie?lak was one of the most distinguished Polish lawyers and scientists, and had a great influence on shaping views on the law, primarily in theory, but also in practice. His concepts result from his theoretical and philosophical research on the law and are also timeless, remotely dependent on the legislation currently in existence.展开更多
The new requirements of trial-centered litigation in China are a concrete manifestation of the reform of the rule of law under Xi Jinping’s new socialist era.The effective implementation of judicial appraisal lays a ...The new requirements of trial-centered litigation in China are a concrete manifestation of the reform of the rule of law under Xi Jinping’s new socialist era.The effective implementation of judicial appraisal lays a solid foundation for the correct identification of facts,accurate conviction,and sentencing,and technically,it should guarantee a fair trial.However,in practice,judicial appraisal opinion carries the risk of a diminished trial that deviates from the trial-centered requirement to substantiate a charge and can easily lead to unjust cases.This paper seeks to discuss the system of identification of property loss involved in criminal proceedings,which is implemented by a third‑party appraisal institution entrusted by the investigation agency,and highlights the fact that the third-party appraisal institutions in judicial practice are currently reliant on cooperative thinking,but countenance the lack of a mechanism for effective accountability,and the court’s propensity for theirsupport.This leads to the verification components of the trial being depreciated,which may lessen the validity of the appraisal opinion(substantiation).In response to this problem,the author hopes to provide some suggestions to assist third-party appraisal agencies in the completion of judicial appraisal and achievement of their trial‑centered reform goal by rationalizing the relationship between the investigation agency and identification institution,establishing a hierarchical accountability mechanism,and improving the rules governing testimony in court.展开更多
文摘The aim of the article is to show that Professor Cie?lak is the founder of the scientific school of philosophical and legal thought in criminal proceedings and five thoughts belonging to this school regarding the subject of the criminal process, the identity of a deed, participants in the process, the burden of the proof, the obligation of proving, and division the grounds for detention. Professor Cie?lak was one of the most distinguished Polish lawyers and scientists, and had a great influence on shaping views on the law, primarily in theory, but also in practice. His concepts result from his theoretical and philosophical research on the law and are also timeless, remotely dependent on the legislation currently in existence.
文摘The new requirements of trial-centered litigation in China are a concrete manifestation of the reform of the rule of law under Xi Jinping’s new socialist era.The effective implementation of judicial appraisal lays a solid foundation for the correct identification of facts,accurate conviction,and sentencing,and technically,it should guarantee a fair trial.However,in practice,judicial appraisal opinion carries the risk of a diminished trial that deviates from the trial-centered requirement to substantiate a charge and can easily lead to unjust cases.This paper seeks to discuss the system of identification of property loss involved in criminal proceedings,which is implemented by a third‑party appraisal institution entrusted by the investigation agency,and highlights the fact that the third-party appraisal institutions in judicial practice are currently reliant on cooperative thinking,but countenance the lack of a mechanism for effective accountability,and the court’s propensity for theirsupport.This leads to the verification components of the trial being depreciated,which may lessen the validity of the appraisal opinion(substantiation).In response to this problem,the author hopes to provide some suggestions to assist third-party appraisal agencies in the completion of judicial appraisal and achievement of their trial‑centered reform goal by rationalizing the relationship between the investigation agency and identification institution,establishing a hierarchical accountability mechanism,and improving the rules governing testimony in court.