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Research On Localization Of Criminal Reconciliation

Posted on:2009-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:W LiuFull Text:PDF
GTID:2166360278471077Subject:Criminal Procedure Law
Abstract/Summary:PDF Full Text Request
As a matter of criminal justice reform movement, settlement system from the criminal point of view is taking shape in the 20th century began in the 1960s and 1970s in North America. In theory, the theory is generally believed that the restoration of justice, balance and narrative theory is a theory popular in the West reconciliation on the criminal system of the three explanations. From the practice, the countries have formulated and promulgated the universal norms of reconciliation procedures. Reconciliation in our country as a criminal in the field of criminal law, a new theory, the new system, building a harmonious society in the context of the times by the state and society attention. The practice of criminal attempt of reconciliation also can be found everywhere. The lack of such a law but in practice has a profound basis for the settlement of disputes, we can not simply there is no legal regulation in order to resist. And abroad as a result of social background, philosophy and the basis of our country can not fully fit. Nor should it be copied in the West overall is relatively mature system of criminal reconciliation. This is also a criminal one of the major contradictions of the local reconciliation. This article is divided into five chapters, covers the development of the theory into practice, the evolution of context. First of all, from the criminal settlement arising from the theoretical and practical basis, a fundamental crime resulting from a reasonable settlement and development of the system as a matter of internal law. Then, relying on its own in China for thousands of years of civilization created by the spiritual and cultural wealth, in order to focus on the idea of a harmonious society compared with the concept of restorative justice, fully considering the national situation, how to build reconciliation with Chinese characteristics, the system of criminal attempt to study open to question. In this paper, trying to solve three problems, why should Chinese transplant reconciliation and implementation of the criminal system, whether or not China transplantation and the implementation of the criminal system of community-based reconciliation, as well as how China should build its own system of criminal reconciliation.
Keywords/Search Tags:criminal reconciliation, restorative justice, harmonious society, localization
PDF Full Text Request
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