11month5日Late,Vice President of Shanghai No. 1 Intermediate People’s Court、Professor bet365 casino blackjackYou Wei, Director of the Judicial Research Center of East China University of Political Science and Law, visited the Law School101Lecture Hall,Bringing an academic report titled "Reform of my country's Criminal Justice Operation Mechanism" to teachers and students of our college。The report was hosted by Professor Zhou Changjun, Vice Dean of the Law School。
Professor You Wei in this report,This paper mainly discusses the reform of my country’s criminal justice operating mechanism from the following four aspects:
First,Simple majority decision-making system in case-by-case ruling。The current criminal decision-making mechanism in our country mainly adopts the simple majority decision-making system,In practice,The difference of one vote may lead to different results。Professor You Wei takes the death penalty adjudication mechanism as an entry point,Elaborate from two aspects: First,“Can be killed or not” itself is a vague concept,If there is no constraint mechanism,It is easy to have consequences that violate justice;Part 2,Use the majority method to rule on death penalty cases,It is more likely to lead to a situation where one vote can determine life or death。Based on this,Shanghai Intermediate Bet365 PokerPeople’s Court took the lead in adopting an absolute majority voting mechanism that requires more than two-thirds of the review committee to vote to impose the death penalty,It makes up for the shortcomings of the simple majority voting mechanism to a certain extent。Professor You also hopes to learn from European and American jury voting mechanisms,Research on unanimous decision-making。Subsequently,Professor You Wei’s "Distinguish between legitimate defense and excessive defense"、“A case of whether a lawyer’s practice in Shanghai constitutes the crime of bribery” as an example,further elaborate on his point。In China,Study and distinguish simple majority rule、The absolute majority decision-making system and the unanimous decision-making system are of particularly important significance。
Second,Establishing an overall court avoidance system in the jurisdiction of criminal cases。There is a situation in reality: the court transfers cases where the parties refuse to implement the court's ruling to the public security organs,Then prosecuted by the Procuratorate,Finally return to the court for ruling。In this process,The court is both a party to the case and the referee of the case,This not only bet365 Play online gamesviolates the judicial principle that "no one can be the judge of his own case",It is also not conducive to the public’s recognition of the outcome of the case。Professor You Wei thinks,In this case,Should be assigned jurisdiction by the superior court or be tried by the superior court。He emphasized,Justice requires more than just a mechanism for individual judges to eliminate reasonable doubt,An avoidance mechanism that eliminates reasonable doubt as a whole is also needed,This is an extension of the principle of justice