2011 Fiscal Year Final Research Report
Empirical research on judicial legitimacy in contemporary China : objectives of criminal trials and a theoretical structure for the legitimization of the court system
| Project/Area Number |
21730001
|
|---|
| Research Category |
Grant-in-Aid for Young Scientists (B)
|
| Allocation Type | Single-year Grants |
|---|
| Research Field |
Fundamental law
|
|---|
| Research Institution | Hyogo University of Teacher Education (2011)
Hokkaido University (2009-2010) |
|---|
Principal Investigator |
|
|---|
| Project Period (FY) |
2009 – 2011
|
| Keywords | 比較法 / 中国法 / 刑事裁判論 |
|---|
| Research Abstract |
This research seeks to clarify the bases for the legitimacy of the contemporary Chinese criminal trials which has been structured by different systems of control over the courts.
On the understanding that the bases for judicial legitimacy differ according to the different levels of defining the objectives of the courts, this research first finds that the main objective of the courts is to "form and sustain a governing order".
It then examines the purpose and functions of the system of control over the courts and finds that the Chinese Communist Party in particular promotes this control in order to "form and sustain a governing order".
The research also looks into the concept of "justice" in the Chinese court system and finds that it occupies a subordinate place in the function of the courts.
|
Research Products
(7 results)
