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Discussion On Criminal Reconciliation Institutioon Of China's Mode

Posted on:2012-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:J F SunFull Text:PDF
GTID:2166330332498448Subject:Law
Abstract/Summary:PDF Full Text Request
Since long, non-conciliatory method has been regarded as the best way to settle disputes in traditional criminal justice. Although investigates and punishment by the country is essential, practice proved that it is not always good to punish all crimes. To some crimes, it is more advantageous for a long-time stability of society to adopt conciliatory, enable the two sides to reach agreement in a gentle atmosphere, settle their dispute and melt the conflict. As a new way to settle disputes, the criminal reconciliation is attracting us by her special charm!Criminal reconciliation is defined as criminal offenders and victims to plead guilty on a voluntary basis, after the direct talks and consultations between the offenders and victims, and finally an apology and compensation from the offenders, the two sides reached a settlement agreement, the specialized organs of the State will no longer be prosecuted for criminal responsibility of offenders based on the results of their reconciliation, or a lighter punishment, or from a system. Criminal reconciliation was a new trend appeared in the middle of the 20th century in the West Country. It from the point of view of people-oriented and restoring justice, to pursue the goal of restoring damaged relations between the society and compensating for the victims, to let the offender return society and have a rehabilitation. Criminal reconciliation not only breaks the traditional criminal system which was known by its mandatory and severity, but also helpful to pacifying social conflict and balancing the interests between the victims, perpetrator and the public. With Chinese characteristics to build reconciliation in the criminal system is inline with traditional Chinese culture and the current concept of social harmony. Therefore, it is necessary to take a combination of theory and judicial practice, to build a harmonious society of China's system of criminal reconciliation.Criminal reconciliation has been caused by theoretical researchers and interests, which met in both the accused and the victim's wishes, to save litigation costs and improve efficiency in areas such as, litigation has been in some areas of China and widely accepted practice. Researches on criminal settlement and related issues can improve our system of criminal proceedings and the establishment of a harmonious society of great theoretical and practical significance. At present, the criminal conciliation system of western countries is at a mature stage. However, the criminal conciliation system of China is still at a exploring stage and faces the problem that it will conflict with traditional judicial theories. This thesis uses methods of literature, historical research and value analysis, from the Criminal Law Criminology and Criminal Procedure Law, and other multi-disciplinary study of the combination of the above-mentioned point of view on the issue of a comprehensive study and analysis, and to absorb and draw on the useful experience of foreign countries, in attempt to criminal settlement applicable on a number of valuable perspective. This thesis consists of three parts:Chapter I. General introduction of criminal reconciliation. In this part, it elaborates the concept and characteristics of the criminal reconciliation settlement system, and then introduces the theoretic basis of criminal reconciliation system and its advantages, the relationship about criminal reconciliation and traditional criminal proceedings. The second part, the author explains the basis of foundation about criminal reconciliation system and main problems existing. That's mean, the author explains the local construction of the criminal reconciliation from its feasibility. The third chapter is the key part of the full text. In this part, the author describes how to construct Chinese criminal reconciliation system in detail.As a mechanism can resolve criminal disputes, the author hopes that the criminal reconciliation can become a new way of social legal system in our country.
Keywords/Search Tags:Criminal Conciliation, Restorative Justice, The Interests of Victims, Construction
PDF Full Text Request
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