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Criminal Reconciliation: Theory Of A Criminal Trial And Practice Model

Posted on:2011-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiuFull Text:PDF
GTID:2206330335997879Subject:Law
Abstract/Summary:PDF Full Text Request
The current criminal law, which is based theoretically on the doctrine of retributive punishment, and is guided by standing criminal policy of severe punishment in judicial practice, can not completely hold back the continuously criminal rise. Furthermore, current criminal law, both the material law and the procedural law, can not safeguard the rights and interests of the victims well. The development of the modern judicial conception appeals people to reflect the function of criminal adjudication. In this background, Victim-Offender Reconciliation, particularly offers a new way to settle disputations for the current criminal judicature. It has an important theoretical value, because it is based on the reasonable theory of disturbance of legal interests concerning the nature of crimes, and also based on the theory of Restorative Justice. And that, it incarnates the legal value of justice and efficiency, and takes its spring from Chinese traditional legal culture. At present, despite of some similar provision, Chinese legislation is short of Victim-Offender Reconciliation. At the same time, we can benefit from the legislations of Victim-Offender Reconciliation in other countries. The theory of Victim-Offender Reconciliation has been applied to the judicial practice in some areas of late years. Some People's Courts make arduous efforts to seek after a new model in the criminal adjudication, and have a very good effect on the community. On the other hand, the Victim-Offender Reconciliation put into practice is entering the corner. There are several difficulties in the way, such as the conflict of legal values, the absence of both material and procedural legislative authority, the influence of traditional legal consciousness, and the absence of community correction. The Victim-Offender Reconciliation brought into effect, is rest with the steps we take to make up the difficulties. We should change our conception, enact decrees of both the material and the procedural law, and perfect the system.
Keywords/Search Tags:Victim-Offender Reconciliation, Restorative Justice, reconciliation agreement
PDF Full Text Request
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