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Investigation of criminal proceedings in the Study of Technology

We do not expect an article in the District to address the relevant problems in, for consideration to avoid general terms, before the commencement of the body it is necessary to explain this hold on a few basic ideas: 1, the litigation culture are part of legal culture, and the concept of legal culture is also the host culture, because scholars the concept of emotion: to this complexity, we do not intend to culture, legal culture, litigation to discuss the concept of culture. Covers the culture system culture, the concept of two levels of culture, academia has become the consensus of the content, and to this, the litigation culture, but also as the concept of legal culture and system of two levels of the points, if not specified, the concept of culture in this article Comparison of Chinese and Western sense of the litigation culture. In other words, the system of litigation culture will be excluded from the scope of this study, of course, this does not mean we are part of the litigation culture of the contempt and disdain. 2,[link widoczny dla zalogowanych], Thus, in this article, we will be countries, although the two cultural traditions in the proceedings, there are also many differences, but on the whole, the similarities between the two is clearly more. To century. We are convinced that a clear space of the environment will help to define and deepen the discussion on this Theme. 3, litigation in the ordinary sense of a criminal, civil, administrative of the points, due to administrative litigation is the world's modern legal system development product development in a traditional society is not perfect, but criminal, civil and The comparison is undoubtedly more influential, and more mature and systematic. Therefore, both for convenience discussed considerations, and to increase the persuasiveness of this article, when we will discuss in the body of criminal and civil cases as examples object, does not involve administrative proceedings. 4, based on geography, social structure, economic base and ideological conditions of rather complex reasons, two traditional Chinese and Western culture, despite some common actions outside, but the overall sense are the two very different nature of the litigation culture very different characteristics, it is for this reason, it is inevitable between the process of modernization in the Chinese legal system in the violent conflict and collision, only as a shadow behind the accompanying system of play in their respective the subtle effect of traction and orientation, thereby affecting the respective judicial practice. Thus, although the article entitled In addition, this culture model. The following, from the four aspects of the cultural differences between Chinese and Western traditional litigation described briefly. Two (a) the pursuit of The basic features, while deeply affecting and constraining the operating mechanism of judicial practice and decision-making process, compare the cultural differences between Chinese and Western traditional litigation began for the first. Litigation culture of traditional Chinese values in order to cover the one word, that Vocabulary directly from the founder of the Confucian teachings of Confucius: Shen words, the ultimate goal of the proceedings or the fundamental starting point is to eliminate competition complaint, the underlying concept is based on, a war v. the social evils and immoral behavior, should better. Such as First Instance of the hexagram This view put forward by the founder of Confucianism as long as two thousand years of Chinese feudal society, a consistent concept of basic actions, a profound impact on the ancient Chinese practice of legislative and judicial proceedings. The one hand, ordinary people generally develop the Litigation, the interest of First Instance of the living habits and mindset, experience in civil litigation, especially litigation, most of the family according to house rules, customs, finding by the elders, or Family by family and friends neighbors to mediate reasoning, do not want to tell the official, through the litigation settlement,[link widoczny dla zalogowanych], which are in many big giant family for decades, into Zuxun family laws to regulate the future generations. Nanping County, Anhui and Guizhou as Yip those calendar for years, ... ... family Scholar to brandish knives pen, the door out of public shame, do not see non-public officers. or words into the word was, cause things are coy and anxiety, fear of offending the ancestors of sincerity, there is honor family tradition . Correspondingly, while litigation is often regarded as more German officials and the under-performance is not good performance. Such as the Eastern Han Dynasty, Wu Hu as Shandong phase, that is were pregnant and Buqi. Liu Kuang toward the period in office, way to discourage litigation, to achieve the Such as the Ming Wang Shou-ren in the illegal, is still disturbed by previous reports, will be responsible for the line pain is still as usual, asked the exhibition in the stocks issued,[link widoczny dla zalogowanych], no light loans. heart is still filled with Officials are hearings of the as yet have. Back in ancient Greece, Plato's Aristotle is in the Natural Law to sprout and develop, just as the law began to be clear objectives and measurable standards. Xi Sema clearly pointed out: punish the evil, the good ones to defend and protect the human law. harmony. legal and illegal; we hope to teach people to do good not only when threatened with punishment, but also to encourage the use of reward; we seek is the real philosophy, not the false philosophy. thinking of taking on all systems of law has become a branch of theology,[link widoczny dla zalogowanych], was Augustine, Isidor, Thomas. Theology of Aquinas and other politicians in the name of God to be re-view. At this time, justice will become a God, which by the eternal law, natural law and divine law embodied in the rational development and implementation of human titration clear direction. Chrysler, as Hugh pointed out, turned the medieval Germanic legal texts, its view is the same ride articles: Law - Correspondingly, the judge's duty is to the heart and conscience based on principles of management of the referee, to ensure the fairness of the trial of cases and objective truth. Thus, regardless of religious courts, or secular court, proceedings of the applicable law is still considered the activities of seeking justice, but this time the When the 16th century, brought a revival of Roman law re-secularization of the law to Grotius, Spinoza, Locke, Montesquieu, Rousseau, Voltaire and other Enlightenment thinkers man out of the representative Act as Grotius will be defined as: Following the rise of the classical natural law school after school of law and analysis of the historical school of law, justice and the law also will be closely linked, but the former justice for the nation as embodied in the traditions and habits of the people's will, which generally utilitarian point of view to interpret justice. After the victory of the bourgeois revolution, the concept of rule of law increasingly popular, action as the people the ways and means to achieve justice have gradually been widely recognized, from the political change of the election officials down to the property disputes, traffic accident, etc., people are willing to be resolved litigation, as obtained by a (B) important, it is this point, the West showed a greater difference. Code of ancient Chinese society, not only violations and gross violations. This traditional process of litigation and cultural characteristics of non-major in the following areas: First of all, people's understanding of the proceedings with a non-procedural characteristics. As mentioned earlier, the deeply Confucian First Instance of the dispute settlement prevalent in ancient China, so China in a tradition of social justice a major feature. Secondly, the performance of the non-ancient Chinese system of the proceedings and simplification. Traditional Law and Codification of the origin of Sikou Kui Wei in the Warring States Period The This presentation style, Thereafter, until the Tang Han Ming and Qing Dynasties from the Qin and Han dynasties, the provisions of the proceedings are more scattered in the dynasties of the generation of code, this distinguished from substantive law, one into the system, but also criminal and civil mixing, very difficult to distinguish. Again, the performance of litigation practice in ancient China never form a relatively independent legal profession class. Thousands of years of ancient Chinese society has never been the No form of judicial professional team. Rulers appear at the hear the case, finding only the Chief Executive governance disputes one of the ways of society, litigation more attention to the operation of love, ritual, law, unity, does not require specialized skills, naturally, exclude a power-sharing with the Chief Executive the formation of the legal professional classes. Thus, while early in the Qin and Han dynasties there have been generations of talent specifically learning the law, many people familiar with school law annotated, and the dynasty of this phenomenon is not rare, but were ultimately unable to form an independent legal professional community. Ming and Qing dynasties was prevalent even in the Cheap TV and disdain, and because of strict legal restrictions, it is difficult normally participate in the proceedings, of course, not to mention the formation of checks and balances on state power, the legal community. The legal profession class action non-existent in ancient China, an important representation of one process. Finally, the performance of the operation of ancient Chinese non-litigation procedures. The lawsuit culture in ancient China with a strong ethical, combined with the lack of systematic rules of procedure and rough, resulting in the judicial practice of litigation strong sense of individual operations. It is no exaggeration to say that the officials of different dynasties, settle a lawsuit and trial procedures are not means the same, only that is the same dynasty, different officials in cases that often has different styles and characteristics. However, one thing is common, that officials in the determination of the case history often ignore the normative and procedural legitimacy, non-procedural serious. If the Qing Emperor Kangxi, Miss Long the Renmou to the magistrate, there were like two brothers to the county government for property litigation. The magistrate hearing the case when neither asked, nor survey evidence, but no time fifty sound, s garments have all cried, voluntary interest litigation. Thus, in the . Ancient China is different from Western countries, legislative and judicial proceedings in the ancient practice has been more emphasis on the value and role of the program, which formed its own cultural characteristics of traditional litigation. First, as mentioned earlier, in the West, litigation is seen as a means of social justice. Thus, ancient Greece, Rome began, people living in the place of contradictions and disputes, are willing to resort to litigation to be resolved, which led to the program objective and procedures of the importance of the legislation developed. Back in ancient Greece, ancient Rome, litigation had been divided into two kinds of prosecution and private action. When the indictment refers to the Roman people have the right to denounce any of the damage the national interest the review of the case, private action is based on individual complaints,[link widoczny dla zalogowanych], to review the individual cases, this classification has been equipped with the modern form of public prosecution and litigation the embryonic form of private prosecution. In addition, the development of Roman law, the private action program also has presented the legal proceedings, programs, litigation, particularly litigation in three different forms. Ancient Greece is also the different nature of the case, formed by a different jury proceedings before the court system. The fine division of labor not only shows the exquisite ancient Greek and Roman social legislation, technical superiority, but also reflected the importance of standardization of the proceedings. AD 533 promulgated The level of development. Legislation to the medieval church, and the proceedings have developed a very tight, such as the witness must be sworn, allowing agents to participate in litigation, proceedings into Decided as the principle and conscience of modern litigation system has been widely used practice procedures and standardization of the. Second, a long time, Western society and independent legal professional classes has been formed and can survive. Study of Western legal history, we will find that the ancient Chinese is different from the West have long formed a specific legal professional classes, and constantly stretches for thousands of years, continues today. Back in Roman times, they are active in a group of professional lawyers who, through answers to legal questions and guide action, writing deeds, notes and edit a variety of Roman origin, wrote books, which greatly promoted and the influence of Roman Law development. In particular, many jurists also by serving as Christianity emerged and prevailed, the monks because of the high level of education, and gradually mastered and monopolized the interpretation of the law and the dissemination of the legal profession began to form a new class, the legal community of the Church contributed to development and improvement of the law, they passed hold religious meetings, the interpretation of In addition, the prevalence of the medieval law of higher education from the other side of the law led to the formation of the occupational hierarchy, from the University of Bologna, Italy was founded in the beginning, law and theology is a required course for the university side by side, one of many legal scholars in this teaching, research, enrichment and development, including law, including procedural system. If a significant impact on the Middle Ages in Europe, and widely applicable, Glasgow Chretien in 1139 - 1141, compiled between the code that contains a large number of relevant procedural content.