Font Size: a A A

Prosecution Case Settlement Of Party Proceedings

Posted on:2014-09-14Degree:MasterType:Thesis
Country:ChinaCandidate:L Y ZhangFull Text:PDF
GTID:2176330434472017Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
2012amended the Code of Criminal Procedure in the second chapter of its V expressly provided in the case of public prosecution proceedings reconciliation by the parties, provides a new way for the settlement of a case of public prosecution, reflecting the new ideas of our criminal justice. The introduction of the relevant judicial interpretations and departmental regulations provide a legal basis for China to formalize the Criminal Reconciliation System. The provisions of the new law also requires practice to examine the suitability and operability, party reconciliation case of public prosecution proceedings as research subjects, the use of theoretical analysis and empirical analysis, comparison and analysis of this program system improvement recommendations aimed special procedures in the program design to be reasonably practicable, in the practical operation of the real legal basis, be able to embody the intrinsic value of its program.This paper is divided into four chapters, the first chapter is a theoretical analysis of criminal reconciliation system, including the self-understanding of the concept of criminal reconciliation of value function of the Criminal Reconciliation System; second chapter is the introduction of foreign Similar system as well as China’s legislative reference, including common law countries and civil law countries procedures; the third chapter is the analysis of the status quo of China’s legislative, including the legislative background of criminal reconciliation program, the legal interpretation of provisions of various legal documents on criminal reconciliation; the fourth chapter of the new law on protection Law, the practice may have problem analysis and recommendations as well as supporting the establishment of mechanisms to improve our criminal reconciliation program, so that it truly play a role in the effective protection of the defendant and the victim interests.While previous academic research of criminal reconciliation, but the basic analysis belonging ought, after the introduction of the new law, the criminal reconciliation become China’s legislative procedures expressly provided, Criminal Reconciliation System also our country to be truly established, due to the time, new research program is also unusual, in this article from concept to clarify the true meaning of the criminal Reconciliation, given in response to questioning from the source of criminal reconciliation, interpretation and improvement and the specific provisions of the new program to be effectively safeguard judicial justice and the rights of the parties, which is the significance of this article.
Keywords/Search Tags:Special Procedure, Criminal Reconciliation, ProcedureImprovement
PDF Full Text Request
Related items