刑事诉讼法律关系概念:概念界定

V. Vinnychenko
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摘要

本文对现代刑事诉讼全球化背景下的刑事诉讼法律关系概念进行了思考。探讨了法律关系概念界定、刑事诉讼主体、刑事诉讼方法的科学途径。本文旨在界定现代刑事诉讼中刑事程序法律关系的概念。探讨了法律关系与刑事诉讼法律关系概念界定的途径;刑事诉讼法主体与刑事诉讼法方法。在研究过程中,对上述科学材料进行了批判性分析,并对刑事诉讼法律关系的定义提出了自己的科学方法。在版权过程中,考察了若干科学认知的方法,特别是如何:科学形式化的方法;公理化方法;Hypoolytic-Deduktive方法。对法律关系的概念定义、法律关系的标志等法学理论概念进行了考察,对这些概念进行了分析,选择了刑事诉讼法律关系的概念。对乌克兰科学家提出的刑事诉讼法律关系概念和对这些概念的批判性分析进行了调查。在现代刑事诉讼法日益全球化发展的背景下,现有的方法已不适应现代法律现实,不能灵活变通。对作为刑事诉讼法律关系标志的刑事诉讼法主体的科学研究进行了探讨。对作为刑事诉讼法律关系标志的刑事诉讼法方法的界定进行了科学的探讨。对作为国际公法渊源的欧洲人权法院的刑事诉讼立法和判例进行了分析。普遍化、科学化的推演方法输出了刑事程序法律关系概念,可适用于现代全球化刑事诉讼条件。这项研究具有跨学科的特点。笔者运用全球化、未来学、国际关系学等科学基础进行研究。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The concept of criminal procedural legal relations: definition of concept
The concept of criminal procedural legal relations in the context of modern globalism of criminal proceedings is considered in the article. Scientific approaches to definition of concept of legal relations, subject of criminal procedural law, method of criminal procedural law are investigated. The purpose of the article is to define the concept of criminal procedural legal relations under modern criminal proceedings. The author is investigated: Approaches to defining the concept of legal relations and Criminal procedural legal relations; Subject of criminal procedural law and method of criminal procedural law. During the research, a critical analysis of the mentioned scientific material is made and its own scientific approach to the definition of the criminal procedural legal relations is developed. During the copyright it is investigated a number of methods of scientific cognition, in particular, how: the method of scientific formalization; Axiomatic method; Hypoolytic-Deduktive method. The concept of the theory of Law on definition of notion and signs of legal relations was investigated, the analysis of these concepts was made and the concept of criminal procedural legal relations was chosen. The concept of criminal procedural legal relations provided by Ukrainian scientists and the critically-critical analysis of these concepts is investigated. It is given that existing approaches are not correct for modern legal reality and cannot be flexible in the face of progressive globalized development of the modern criminal procedural law. Scientific approaches to the subject of criminal procedural law as signs of criminal procedural legal relations are investigated. Scientific approaches to definition of criminal procedural law method as signs of criminal procedural legal relations are investigated. The analysis of the criminal procedural legislation and precedents of the European Court of Human Rights as a source of international public law is carried out. Generalized and scientifically deduction method output the concept of criminal procedural legal relations, which may be applied under the conditions of modern globalized criminal proceedings. The study has an interdisciplinary character. The author conducts research using the scientific base of Globalistics, Furturilogy, international relations.
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