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On The Construction Of Criminal Conciliation System In China

Posted on:2012-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:X W LiuFull Text:PDF
GTID:2206330335497494Subject:Law
Abstract/Summary:PDF Full Text Request
The so-called criminal reconciliation means a criminal case settlement mechanism that criminal suspects plead guilty, an apology, and compensation to reach a settlement with the victims after the occurrence of certain criminal acts. Thus criminal suspects are not prosecuted for criminal responsibility, even exemption from punishment.Criminal reconciliation system demonstrates the legal value of fairness and justice and the spirit of modesty of criminal law, help to save judicial resources, improve the efficiency of the proceedings, and criminal reconciliation in line with China's traditional culture and the policy of criminal, benefit protect the rights of victims. In recent years, many of our grassroots courts are making great efforts to carry out criminal reconciliation and achieved remarkable results, but also exposed many problems, such as the gap between rich and poor could lead to inequality, how to ensure the voluntary nature of the criminal reconciliation, and prevent judicial corruption. Therefore, building a scientific and rational system of criminal reconciliation is significant.This article is divided into five parts, the first overview of the criminal settlement system, introduced the system of criminal reconciliation and development, the basic characteristics and related concepts. The second part is the value of the criminal reconciliation system, the main settlement of the criminal legal system and social values. The third part is based on the legitimacy of the criminal reconciliation. Mainly from China's traditional culture, law and policy, criminal law aspects of the principle of the legitimacy of the criminal reconciliation. The fourth part is the criminal reconciliation system of judicial practice. Part V is the concept of Criminal Mediation. Construction of the Criminal introduces the overall concept of reconciliation system.
Keywords/Search Tags:criminal reconciliation, Value, Applicable procedures, the construction system
PDF Full Text Request
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