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The Country's System Designation Of Criminal Composition

Posted on:2011-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:W Q ShiFull Text:PDF
GTID:2166360308453816Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The penal settlement system means that for minor criminal cases, people's participation in the mediation by the parties face to face consultations to resolve disputes of a criminal case handling system. The penal settlement system means that for minor criminal cases, people's participation in the mediation by the parties face to face consultations to resolve disputes of a criminal case handling system with the construction of China's rule of law, the legitimate rights and interests of crime protection measures give a high attention, and in the transformation of the perpetrator and achieved significant results. However, protecting the interests of victims is not enough attention to the handling of the case the interests of victims are often forgotten, this is a socialist rule of law and the demands of building a harmonious society does not match. The application of the criminal settlement system effectively compensate for lack of protection of the interests of victims, and with the building of a harmonious society building and the rule of law in harmony. Under such circumstances, settlement system, this paper made some deliberate exploration. This paper is divided into four parts. The first chapter introduces and describes the basic situation of the criminal settlement system. .From his concept of the historical background and criminal settlement system was based on the theoretical basis in a bid to the criminal settlement system is a more detailed understanding and grasp. Chapter II mainly involves judging the value of the reconciliation system. Fairness and efficiency of judicial life. When the use of softer approach will be able to play, reform of criminals and restore the damaged social relations, and then used a relatively severe punishment is manifestly unreasonable. The emergence of the criminal settlement system, an effective public authority made up of criminal responsibility in the settlement of disputes the disadvantages of one hand, it highlighted the need for the protection of victims reflects the fair administration of justice is conducive to the establishment of social harmony and stability, but also because of its simple and convenient features makes the resolution of criminal disputes, increased efficiency, judicial costs to be saved. Chapter III focuses on the criminal settlement system in China developed under the current judicial environment, the necessity and feasibility. In regard to the need to establish the first penal settlement system in the building of a socialist harmonious society, a necessary requirement, then it is a specific judicial practice to reconcile the interests of the parties and the country and achieve social equity and justice. The feasibility of China's major reconciliation system has established the legal basis for the criminal, criminal policy and practice-based foundation, making the criminal settlement system can be established and developed in our country.. Chapter IV mainly elaborated in the context of China's current criminal justice system, build vision of reconciliation. If reconciliation system and related entities in criminal law system, penalsystem and the conditions for the construction of the substantive law .At the same time matching procedures in its construction, to stay the prosecution of juvenile crime focus on the establishment of a system, clearly applicable to the criminal settlement stage of the proceedings, the criminal procedural law, the conditions for reconciliation, the criminal settlement system for the specific program design, After the offender reconciliation, transformation of mechanism set up on the settlement agreement relating to the amount of compensation norms, criminal reconciliation process monitoring mechanisms to build on the victim's state compensation system construction.
Keywords/Search Tags:Victim-Offender Mediation, Theoretical Foundation, Feasibility Necessity, System Construction
PDF Full Text Request
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