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The Analysis On The Criminal Reconciliation System In Criminal Felony

Posted on:2011-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y H LiFull Text:PDF
GTID:2166360305964793Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal reconciliation, a kind of dispute resolution, restores original orders by negotiation and seeks the balance among multiple values by using the mode of reconciliation, restoration and harmonization. A heated discussion has therefore been emerged in the system of criminal reconciliation in both theoretical and practice field. Generally, the aforementioned system is used in criminal cases involving misdemeanors and accepted to some extent. However, in judicial practice, it can be questionable if used by the cases concerning felony, particularly death penalty. This paper analyses the criminal reconciliation system in felony cases by focusing on the one that one person had been murdered for robbery and was judged by the secondary court of the Dongguan city, Guangdong province in the early 2007.The body of this dissertation combines three parts. The first part focuses on the background information of the case. Through the analysis it brings out the application of criminal reconciliation system in felony cases, including dispute and skepticism of both theoretical and practice field.Combining relevant laws and criminal policy of tempering justice with mercy, the second part demonstrates the legitimacy of the death penalty with a two-year reprieve judgment, the legal basis and value of victim-offender reconciliation in criminal felony, including judicial justice and efficiency. It is considered to be a remedy to the protection of the rights and interests of the victim, and also it makes the convict to correct his errors, return to society and resume the damaged social relations. Therefore it's the realization of harmonious society in judicial areas by reducing social contradictions. Meanwhile, it is more beneficial to save the judicial resources and improve of judicial efficiency, making the best of justice and efficiency.The last part gives a positive evaluation to the action of the secondary court of the Dongguan city. It can be concluded that it's feasible and necessary to construct a criminal reconciliation system with the base of law, criminal policy, culture, practice and organization which are of vital significance to establish the local Criminal reconciliation system. Combining the system in the world and the practice of our country, the author makes legal recommendations.Through the methods of document retrieval, case analysis and value analysis, this article aims at two objectives, which are to justify the actions taken by Dongguan's secondary court and to raise the consensus from the society concerning the criminal reconciliation.
Keywords/Search Tags:Victim-offender Reconciliation, Paying Money for Commutation, restore justice, judicial justice, death sentence with a two-year reprieve
PDF Full Text Request
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