October 12,The 38th Shandong University Law High-end Forum was successfully held in Huagangyuan, Qingdao Campus of Shandong University。Professor of Law School, University of Chinese Academy of Social Sciences、Doctoral supervisor Sun Yuan is the guest speaker of this forum,An academic report on the theme of "Substantial Interpretation of bet365 Play online games Conditions"。This forum is sponsored by bet365 app、Professor Zhou Changjun, Dean of Law School (Weihai), presided over,Associate Professor Du Lei, School of Law, Renmin University of China,Lecturer Yang Yi, Fudan University Law School,Professor Feng Junwei, Vice President of bet365 app、Associate Professor Zhao Heng、Assistant Researcher Duan Junshang serves as the negotiator,More than one hundred teachers and students participated in the forum。
The beginning of the lecture,Sun Yuan proposed studying the conditions for bet365 Play online games in order to effectively implement criminal justice policy from the perspective of normative legal science,By analyzing the common cases of “bet365 Play online games or non-bet365 Play online games” in our country’s judicial practice,He explained Bet365the reasons for this unreasonable phenomenon: First, the provisions on bet365 Play online games conditions are relatively abstract and simple,This leaves a great deal of room for discretion for the substantive department;Second, the review process for applying bet365 Play online games conditions is quite limited,It is difficult to restrict the exercise of discretion by substantive departments。Continue,Sun Yuan discusses from four aspects。
Bet365Sun Yuan thinks,While bet365 Play online games and detention are applicable,There should be three states: one is abuse,refers to application beyond the boundaries permitted by law;Second, use with caution,Refers to applying with caution within the scope of the law;Between the two extremes of abuse and caution,There is a third state that is often ignored,That is, within the scope permitted by law,Maximum application。On this basis,Sun Yuan pointed out,At present, the representative views of my country’s theoretical circles on the policy of “catching less and detaining carefully” are still at the stage of preventing abuse,Cannot yet reach the state of being used with caution,If you want to truly achieve the goal, use it with caution,The procedural costs of applicable arrests should be increased。
Second, the content and level of the bet365 Play online games conditions.Comparing domestic and foreign legal norms on detention conditions,Sun Yuan pointed out that my country’s regulations on detention conditions are compared with other countries in the world,There is not much difference in substantive content,There are significant differences in the hierarchical relationship between bet365 Play online games conditions。Different from the flat parallel relationship between the three conditions for bet365 Play online games in our country,Germany、日、The level of bet365 Play online games conditions in the United States and other countries as well as in Taiwan shows a progressive three-dimensional structure: at the logical level,The first-level evidence condition threshold is separated from the second-level reason for detention,Additional considerations of proportionality at both levels;At program level,Separate bet365 Play online games review and detention review,As two different procedures, proceed one after another。Sun Yuan pointed out,Compared to other countries,The current bet365 Play online games conditions in our country are not logically three-dimensional,Narrow space in the review process、Lack of depth,In judicial practice,Relevant departments only have an abstract understanding of social risks,Examination of social dangers is often ignored,This will not only give rise to the "bet365 Play online games on suspicion of crime" case handling model,Moreover, bet365 Play online games and detention have been transformed from the original "advance payment" type of passive prevention method into the "acupoint" type of active evidence collection method,causing abuse of bet365 Play online games and detention measures。
Third, the abstract and concrete reasons for bet365 Play online games.Sun Yuan thinks,The social danger that can be used as the basis for bet365 Play online games and detention should be a specific danger,It cannot be understood at an abstract level,For example, the Criminal Procedure Law provides for possible destruction、Suspects who forge evidence should be arrested,If we consider abstract social dangers,From a human perspective,Any criminal suspect must destroy and forge evidence、Interference with witnesses、Possibility of running away or even committing suicide,Everyone should be arrested,This is obviously wrong。Therefore,Abstract social dangers can only be regarded as rules of thumb,It is a risk that a rational and normal society should bear。The specific social danger contains three elements: First, there must be specific reasons as support and not be too general;The second is to have concrete evidence to prove that there is some kind of social danger;The third is the specific procedure that requires the participation of multiple parties,Rather than a unilateral decision-making process。
Fourth, use the specific method of bet365 Play online games with caution.Is it feasible to achieve the purpose of careful bet365 Play online games by raising the threshold of evidence requirements?Sun Yuan thinks,Raising the threshold of evidence bet365 Play online games is not an appropriate method,In judicial practice,Arrests and detentions mostly occur during states of emergency,If the threshold of evidence bet365 Play online games is set too high,Not only is it difficult to deal with many behaviors that harm society,It will also give rise to the problem of abuse of detention to obtain evidence。The end of the lecture,Sun Yuan proposed to increase the cost of procedures to achieve the purpose of careful use of bet365 Play online games: Specifically reflected in adding marking procedures,Allow defense lawyers to review bet365 Play online games evidence after bet365 Play online games;Requesting a speedier trial after bet365 Play online games;Add defense procedure,True realization of full coverage of defense lawyers in criminal proceedings;Add judicial review,Let the judge intervene in the bet365 Play online games process。
Conversation session,Du Lei expressed the richness of the lecture content、Highly praised for its profoundness,And express his opinions on how to understand the function of substantive explanation and the hierarchical reconstruction of bet365 Play online games conditions。Yang Yi briefly reviewed the several modifications and evolution of the provisions related to bet365 Play online games conditions,Evaluated the bet365 Play online games conditions based on the "unity of bet365 Play online games and prosecution" and the changes in detention rate,And said that the novel perspective of this lecture made him deeply inspired。Feng Junwei highly affirmed the cutting-edge nature of this lecture,And pointed out that the thinking context of this lecture contains the beauty of argumentation、The beauty of reasoning。Zhao Heng expressed his gratitude to Sun Yuan for his detailed explanation,And from the perspective of argument、Argument method、Logical rigor、Project innovation、Share your own insights from five angles of interesting content。Duan Junshang highly praised the profound viewpoints and novel research methods in this lecture,I think it has benefited a lot from Sun Yuan’s wonderful report。
The end of the lecture,Zhou Changjun summarized the lecture content,Explains the practical significance of the substantive explanation of bet365 Play online games conditions for policy implementation,And express my heartfelt thanks to the speaker and panelists,The lecture ended successfully with warm applause。
Speaker’s introduction:Sun Yuan,Professor of bet365 Play online games School, University of Chinese Academy of Social Sciences、Doctoral Supervisor,Editor in charge of the editorial department of "Legal Research",Concurrently serves as the executive director of the China Criminal Procedure bet365 Play online games Research Association。The main research direction is criminal procedural bet365 Play online games、Evidence bet365 Play online games。Published more than 40 academic papers in professional journals such as "Legal Research" and "Chinese bet365 Play online games",Published 2 personal monographs,Participated in the preparation of many academic works。
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