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Research On Victim-Offender-Reconciliation's Applicability For Trial

Posted on:2008-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:K J DingFull Text:PDF
GTID:2166360242959501Subject:Law
Abstract/Summary:PDF Full Text Request
Victim-Offender-Reconciliation, as a new mechanism to solve criminal problems, means a lot for dissolving the social conflicts away in suitable way, settling the social disputes actively and creating the socialistic harmonious society. However, during the present time of our Country, there still exists relative weaker ideological base, system and social environment, so how to make victim-offender-reconciliation match the present judicial system for crime and keep harmony with existed judicial ideology, and further establish a localized characteristic system and model, is a grand academic question for discussion ,which deserves in-depth research.In this article, Comparative Method will be used to do a relative systemic discussion of victim-offender-reconciliation itself and its applicability in the trial phase. The aim is to attract the mass's attention to the question, also system building and criterion perfecting included.For the first, the author makes a generalized description of the definition of victim-offender-reconciliation from a macro angle. Based on the review of the related theory of western victim-offender-reconciliation,it's existing value will be summarized.Secondly, the reason why victim-offender-reconciliation is applicable in China will be analyzed, which will be interpreted from two aspects: ideological culture and practice of law. In the end of this article, the applicability for trial in victim-offender-reconciliation of Wuxi acted as a research angle, the domestic and overseas experience combined, the model designing of victim-offender-reconciliation will be detailedly expounded, meanwhile, the conflict and puzzle encountering during the running process will be neatened, after which the criterion suggestion will be put forward. In this dissertation, the most outstanding points are as follows:1. Comparative method is adopted to research the system of victim–offender-reconciliation. By the comparison of the victim-offender-reconciliation system between China and the western, the reasonable value that suits the judicial practice of China will be digged out.2. This dissertation will not be confined in theoretical research, but adopt positive method to discuss the model designing of victim-offender-reconciliation in Wuxi. During the analysis process, related cases and data will be used to help us reach a comparative scientific conclusion. 3. This article takes promoting the related legislation and perfecting related judicial practice as its purpose. Based on the comparative research and positive review on victim-offender-reconciliation, more attention will be paid to research victim-offender-reconciliation on its applicability for trial and its conflict with the existed judicial system for crime, and some suggestion for regulating the system operation will be also put forward.
Keywords/Search Tags:Victim-Offender-Reconciliation, Applicability for Trial, Model Designing, System Criterion
PDF Full Text Request
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