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Interpretation And Prospect Of China 's Criminal Reconciliation System

Posted on:2013-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhouFull Text:PDF
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In today’s era, diversification of ideas has become the mainstream of society, reflecting in dispute resolution, diversification of dispute resolution style inevitably shows. The Criminal Reconciliation (victim-offender mediation) appears as a brand new model of handling crimes, which has the following advantages:diverse the cases, satisfy different parties, conciliate the conflicts between the offenders and the victims, help the criminal back to the community and so on. In the premise of maintaining the authority of the statute law, the Criminal Reconciliation has more humane care, which makes up for the flaws and shortcomings of the traditional criminal justice system itself, reflecting the progress of the criminal justice from the the "harmful justice" to "no victims justice" and is the best combination of legal and moral sentiments, in line with the philosophy of traditional Chinese culture background and current social harmony. Criminal Reconciliation is not advocating abandon of the penalty, but stressing that free-sentence criminal system should be reformed to meet the actual needs of crime diversification, and also make some moderate change under the existing system in order to make the criminal justice system more effectively absorb disputes and disorders in the process of the development of modern society.In recent years, the theoretical aspects of academia has set off a surge of criminal reconciliation research boom and started a lively discussion on this issue, producing a large number of academic achievements. In practice, more and more judicial substantive departments, especially the procuratorial organs,have been carrying out criminal reconciliation exploration, and accumulating a lot of valuable experience in the formation of a large number of working papers and system. After years of practice, the criminal reconciliation come into law the first time in this year’s China’s Criminal Procedure modifications.Criminal reconciliation system has been officially recognized in China’s legal system, which is a substantial breakthrough. The establishment of the Criminal Reconciliation System, in line with people-oriented, harmonious and orderly judicial philosophy and practical needs, is the inevitable requirement of our progress in judicial reform, and has important practical significance for effectively resolving social conflicts and maintaining social stability.This paper is divided into four parts:The first part describes the origins and the basis of our system of criminal reconciliation,which not only has a profound cultural foundation, but also accord with the current "temper justice with mercy criminal justice" policy and the idea of building a socialist harmonious society, making the rise and the development of the criminal reconciliation in China a vibrant vitality.The second part analyzes the status quo of China’s current system of criminal reconciliation. Because the current Code of Criminal Procedure only do a cursory provisions around the private criminal prosecution case, therefor, the case of public prosecution of criminal reconciliation can only be practiced "by feeling the stones". This part elaborates mainly about the operating mode,the way of handling and the characteristics of the criminal reconciliation in practice and analyzes the practical significance and the problems of it.The third part is to interpret and explain the "Parties reconciliation in the case of public prosecution proceedings" in the Amendment to the Criminal Procedure Law of the People’s Republic of China (viii) and also analyze the the conditions for the application of criminal reconciliation, the scope of the case, the stage of the proceedings as well as the duties of the public security organs, and comment the controversy triggered by the criminal reconciliation for the first time into the law.The fourth part is to prospect the further improvement and building of the Criminal Reconciliation in China on the basis of analyzing the deficiencies in judicial practice, as well as the matters not specified in this modification of the Code of Criminal Procedure and put forward a number of recommendations in order to better play its proper value.
Keywords/Search Tags:Criminal Reconciliation, Code of criminal Procedure, Concept of harmony, Judicial Practice
PDF Full Text Request
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