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The Implementation Of Restorative Justice In The Field Of Economic Crime Study

Posted on:2009-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:H B ZhuangFull Text:PDF
GTID:2166360278954353Subject:Law
Abstract/Summary:PDF Full Text Request
Restorative justice developed with the appealing of restorative justice theory. Wide attention from experts and scholars in both academic and practice fields has been drawn on restorative justice as its implicated humanity essence. It also has become an important comparison and reference not only for us to reconsider the rationality of current judicial system and idea, but for us to reconstruct criminal judicial mode.Restorative justice has been introduced into the implementation of ordinal criminal cases currently, and has achieved good results. Economic crime shares common points with ordinal criminal crime, yet also involves some special points. It is out of question that restorative justice can be implemented in those cases which are similar to ordinal criminal cases. However, as "doctrine of severe punishment" is generally applied in the field of economic crime, the implementation of restorative justice is greatly restricted. Therefore, few researches have been done in the theory construction of restorative justice's implementation in economical criminal cases, which means research on this field is of realistic value.On the basis of the analysis of restorative justice's basic theory the essay make a comparison of the mode of restorative justice and traditional justice; Through the study of the deviation of China's criminal policy applied in handling economic crime and the influence of this deviation on restorative justice and the study of many cases in the area, from both good and bad aspects, this essay discusses the possibility, the necessity and the benefits of implementation of restorative justice in the field of economic crime and consider the steps to construct it with Chinese characteristic.On the basis of judicial practices, the characteristics of economic crime, and the study of criminal policy, this article tries to figure out how to implement restorative justice within the existing framework and how to maximize restorative justice's effectiveness in the field of criminal crime and the realization of the reunification of social effects and legal effects.
Keywords/Search Tags:Economic Crime, Restorative Justice, implementation
PDF Full Text Request
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