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Building The Procedure Of Criminal Reconciliation Under The Procuratorial Supervision

Posted on:2011-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhongFull Text:PDF
GTID:2166330332473456Subject:Law
Abstract/Summary:PDF Full Text Request
The fact that criminal solutions which used to solely cling to nationalism nowadays are evolving and varying implies that criminal reconciliation, as a supplement to the prosecution and penalty system, may be an efficient and proper way to solve criminal problem. Criminal reconciliation is a new criminal procedure in which the injured party, the injuring party and the state all attend and focus on the injury itself. Compared to the traditional criminal procedures, it provides more opportunities of free will expression of concerned parties, eliminates social hatred and restores the social order timely, and greatly saves judicial cost. It meets the national demand to construct a harmonious society and is coherent to our criminal policy Forcefulness and Forgiveness as well. Nevertheless, lack of both explicit legal provisions and powerful judicial supervisions, criminal reconciliation finds very weak enforcement in practice. Therefore, the author provides her solution:building the procedure of reconciliation mediated by the procuratorates. She will develop the issue in four parts as follows:firstly, the redefinition of criminal reconciliation and the revaluation of its practicability. Secondly, the author discusses the possible choices of criminal reconciliation, the relationship between the criminal reconciliation and the public prosecution, and the nature of legal supervision power conferred to Chinese procuratorates. Thirdly, focusing on the role of criminal reconciliation in the entire criminal procedures, the allocation of judicial resources on criminal reconciliation, and the efficient supervision of the criminal reconciliation, the author presents her design for criminal reconciliation procedures throughout investigation stage, prosecution stage and judgment stage. Fourthly, she stresses the necessity of the affiliate system that cooperates with criminal reconciliations under the present legal system and advances her advices.
Keywords/Search Tags:criminal reconciliation, procuratorates, construction of mechanism
PDF Full Text Request
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