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The Study On The System Of Criminal Reconciliation

Posted on:2012-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:X L ZhangFull Text:PDF
GTID:2166330335957964Subject:Law
Abstract/Summary:PDF Full Text Request
The modern criminal reconciliation was developed with the new western criminal ideas and the criminal penalties in the middle of the last century, which does not originate in China. Criminal reconciliation, as a dispute settlement system, emphasis much more on the victim in a criminal dispute resolution process in the dominant position than the traditional model of criminal disputes; while the performance based on the offender's repentance, confession vicious attitude combined with its subjective and social mitigation of harm to its corresponding, reduced or exempted from criminal punishment , not only protect the rights of victims, but also instruct the offender's social rehabilitation.China's criminal reconciliation is influenced by the " harmonious culture " and China's current idea of a "harmonious society" and other factors. Since the criminal reconciliation system started in China, it has been with the Chinese elements. Chinese criminal reconciliation not only absorb the advantages of "offender - the victim of reconciliation,", but also the Chinese traditional culture and the current social policies.Now the judiciary is trying to carry out the criminal reconciliation nationally,but some problems still not be studied , such as the basic theory of the criminal settlement, system elements, application conditions, applicable procedures and other issues.This article will mainly talk about the Chinese criminal reconciliaton system on the basic theory, system elements, application conditions, applicable procedures in order to help the system of criminal reconciliation achieve its goals and promote the society more harmonious.
Keywords/Search Tags:criminal reconliciation, offender, victim, judicial authority
PDF Full Text Request
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