Journal of Criminal Justice in East China (Volume 3)

Author: You Wei
Publisher:
Publish Date: 2003-04-01
Features: The Principle of Legality and Methods of Legal Interpretation: The principle of legality is the lifeblood of criminal law. It is not only a principle that legislative bodies, judicial interpretations, and the application of criminal law must adhere to, but also a principle that all interpreters must follow. The principle of legality has both historical evolution and a solid ideological foundation; it has both formal and substantive aspects. To determine which interpretation methods and conclusions comply with or violate the principle of legality, one must first clarify the ideological foundation of the principle of legality, its basic requirements, and its relationship with the rule of law.
Research on the Proof Standard for the Constituent Elements of Dereliction of Duty Crimes: In many criminal cases, proving the essence of dereliction of duty cases and establishing the facts of the case through evidence is challenging. This paper explores the proof objects required to prove dereliction of duty crimes, the evidence that should be collected to prove such crimes, and the degree and standard that must be met when using evidence to prove the facts of dereliction of duty cases. It proposes the novel concept of the "proof standard for the constituent elements of crimes."
Application of the Rule of Exclusion of Confessions in Criminal Trials: In democratic and rule-of-law states, judicial power serves as the last line of defense for enforcing the law and maintaining social justice, while judicial power or adjudicative power is the core function of judicial power. The meaning of the rule of exclusion of confessions in criminal proceedings is that any confessions obtained through violence, coercion, inducement, illegal detention, or other improper methods, and not made voluntarily by the declarant, shall not be used as evidence.
The Right to Silence: Value Choices and System Integration: As an ancient procedural system, the right to silence is universally stipulated in the legislation of various countries, with a profound theoretical foundation and ideological origin. As a regulator of the relationship between state power and citizens' rights in criminal proceedings, the right to silence reflects the democracy and humanity of criminal proceedings and plays an important role in maintaining the reasonable structure of criminal proceedings and safeguarding the human rights of those subject to criminal prosecution.