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Criminal Reconciliation

Posted on:2011-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:H YangFull Text:PDF
GTID:2206330332492510Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal Settlement is a new system that deals with the criminal disputes. It's a legal system that in process of the lawsuit, the offenders will plead guilty, compensate, or apologize, etc. in order to meet the agreements with the victims. In that case, the government will not proceed a trial or will give less punishment.Started from the 70's of 20ith century, Criminal Settlement originated from the western nations where the new thought of criminal justice had been brought up. Its basic principal is now approved by United Nations. In our country, Criminal Settlement is originated by the theory of "Harmonious Integration" that has a historic meaning tracing back. In recent years, knowing that we have the basis, our law experts conducted various studies and research, and the judicial system practically showed testimonials to prove that Criminal Settlement can be used in our country. The main idea of Criminal Settlement happened to meet the theory of establishing a harmonious society which had been brought up not long ago. Criminal Settlement can be the bridge to help solving the conflict between the increase of criminal lawsuit cases and the lack of judicial resources, hence to improve the efficiency of lawsuits. Therefore, based on the current situation, it can be an important task for us to work on, that how to build a Criminal Settlement System that fits our nation's conditions. Having a basic understanding of Criminal Settlement, the writer's goal is to somewhat provide helpful information and theories in terms of helping establish this system in our country.This thesis includes three main parts:introduction, body and conclusion. There are four chapters in body of content to support the writer's view in detail.The first chapter provides Criminal Settlement's definition and the understanding of its overall meaning; further, the writer analyzes the values of Criminal Settlement. The goal is to give a general statement about what Criminal Settlement is, and to showcase its meaning and practical values. In chapter two, through three major points:the history of Criminal Settlement, other countries'Criminal Settlement practices, and the comparison between Criminal Settlement and the related systems, the writer studies on non-China-based Criminal Settlement, especially fully states other countries'related regulations. The writer describes China's Criminal Settlement's theory and practices in chapter three, in order to theoretically prove that our country should be able to build the system of Criminal Settlement. In the final chapter-chapter four-the writer reviews every point and brings up some constructive ideas about how to build the China-based Criminal Settlement:such as what basic regulations the system should be following, the practical conditions, the involved parties, what criminal cases may fit in the system, the process or trials, and the ways of setting up the oversee rules.
Keywords/Search Tags:Criminal Settlement, Compensation, Constructive Ideas of Building the System
PDF Full Text Request
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