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On The Criminal Indictment Stage Reconciliation

Posted on:2008-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z TanFull Text:PDF
GTID:2166360242965154Subject:Law
Abstract/Summary:PDF Full Text Request
China's criminal reconciliation as a new criminal cases and disputes settlement mechanism has its profound historical background and deep theoretical foundation, in practice abroad have accumulated rich. In China, the Criminal reconciliation as a social and political context of the building of a harmonious a hot issue, crime and judicial practice their profession a lot of meaningful exploration. Procuratorial organs as a prosecutor, is a public prosecution against its important functions in the criminal process of reconciliation plays an important role. Because of the uncertainty legal provisions and monitoring deficiencies in the judicial practice of cases on whether criminal indictment reconciliation, reconciliation with the criminal indictment functions and prosecuting criminal cases how reconciliation should follow the procedures, how to prevent the judicial power in the criminal indictment stage reconciliation of abuse, breeding new judicial corruption and other issues, we need further exploration. In the indictment stage, it has all the action in mutual transfer of information to the conditions of the parties to direct, full and equal listen to each other's views, a criminal has created conditions for reconciliation and a platform for consultation and dialogue, which is indictable stage reconciliation able to handle criminal cases prerequisite for the voluntary principle and objective principle is applicable criminal indictment stage to be followed by reconciliation to the fundamental principles of reconciliation not v., reconciliation defer prosecution, the prosecution is the reconciliation phase of applicable criminal indictment reconciliation deal with the basic model cases. Indictment is the main business of the procuratorial organs, in the use of criminal indictment stage reconciliation, procuratorial organs should be legal watchdog role grasp, clear responsibilities and guide the healthy and orderly development of the system. At the same time, in order to prevent criminal reconciliation appeared corruption in the judiciary, the procuratorial organs at higher levels should be established departments in the criminal indictment reconciliation mechanism to correct the supervision of the case and the criminal indictment stage of the reconciliation case hearing system, strengthen victim, perpetrator, and social public security organs in the criminal indictment the exercise of the right constraints.
Keywords/Search Tags:Criminal reconciliation, Indictment stage, Processing mode, System Construction
PDF Full Text Request
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