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Exploration Of Boundary Corrupt

Posted on:2008-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2166360245964008Subject:Law
Abstract/Summary:PDF Full Text Request
Currently"Restorative Justice"is a hot topic in China. Restorative justice is a new justice mode with strong humanism color. Because of different culture, legal system and national habits, especially the treatment of crime and criminals have different attitude, it's difficult to define a unified system and mode of operation for restorative justice. We need make adjustment according to the national conditions. Many judiciaries name their innovation as restorative justice. Actually some of them are not consistent with basic principle of restorative justice. More worrying is that the break of existing law happens frequently. Some of innovators don't have compliance with the law or respect for authority of the law, even badly, we heard of"benign unconstitutional"and"benign offense"which is obviously in the argument that lack of scientific. If the ruler and policy makers don't have respect for authority of the law, how can we let people follow it? This article is based on the legal nature, status, functions of the inspection organs combined with the harmony of man with nature and the concept of a harmonious socialist traditional judicial practice, the first time raises the concept of Chinese characteristics "Restorative prosecution". And based on its composition, the need for and feasibility of building the restorative inspection are clarified. Hopefully the inspection organs could grasp the basic principles and methods in the implementation of restorative justice to promote the reform of China's judicial system.
Keywords/Search Tags:Restorative justice, Inspection power, Harmony, Flexibility, Reconciliation Mechanism
PDF Full Text Request
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