On the Judicial Orientation and Judicial Logic of the Science of Criminal Law
Liu Yua
Abstract
Liu Yua
Abstract
In criminal justice,accusers and defenders have their own standpoints,viewpoints and logic,all of these need different concepts and reasoning systems to be represented. Only this point is noticed can the science of criminal law oriented to justice be equipped with judicial logic,which has its deep social basis and thing- in- itself. Only when judicial process merges the external viewpoint and the internal viewpoint,the viewpoint in advance and the viewpoint afterwards,can realize the coordination between reasonable expectation and right actions. Therefore,the science of criminal law oriented to justice not only pays serious attention to reasoning and demonstration,but also puts forward the interpretation attitude of between- subjectivity of criminal law.In this case,as the adjudication rules,the rules of criminal law can only be the unity of the prosecution rules and the defense rules.
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In criminal justice,accusers and defenders have their own standpoints,viewpoints and logic,all of these need different concepts and reasoning systems to be represented. Only this point is noticed can the science of criminal law oriented to justice be equipped with judicial logic,which has its deep social basis and thing- in- itself. Only when judicial process merges the external viewpoint and the internal viewpoint,the viewpoint in advance and the viewpoint afterwards,can realize the coordination between reasonable expectation and right actions. Therefore,the science of criminal law oriented to justice not only pays serious attention to reasoning and demonstration,but also puts forward the interpretation attitude of between- subjectivity of criminal law.In this case,as the adjudication rules,the rules of criminal law can only be the unity of the prosecution rules and the defense rules.
Key concepts: Adjudication, Law, Criminal law, Viewpoints, Political science, Criminal justice, Theory of criminal justice, Criminal procedure