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Review Of Criminal Reconciliation System In Prosecution Stage

Posted on:2017-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:S Y GuFull Text:PDF
GTID:2206330488992036Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As the idea of building a socialist harmonious society and the criminal policy of combing punishment with leniency become more and more popular, the traditional value of criminal justice has been replaced by the restorative jutice. Criminal Procedure Law of the People’s Republic of China was amended in 2012, after that, the criminal reconciliation procedure has been recognized by the law. As an important point of the criminal judicial reform and a new method of handling cases, the criminal reconciliation procedure has infused fresh blood in the judicial practices of China and opened a new way for it. At the same time, the legal basis of the criminal reconciliation system which has been applied by the Chinese procuratorial organs in the prosecution phase for so many years has also been provided. Applying the criminal reconciliation system in the prosecution phase is not only an important issue of Criminal Proceedings System reform but also a part of the procuratorial practice. Moreover, it has far-reaching significance for achieving advanced judicial philosophy and creating a fair legal environment.However, as a dispute solving mechanism, the criminal reconciliation system is still in the process of development. We have to see the bright future of it and provide better development conditions for it, at the same time, we can not ignore the imperfection of it in law as well as the lack of relevant supporting measures. In fact, there are still many difficulties when applying the criminal reconciliation system in the prosecution phase. With the beginning of the status quo of the system, this thesis points out the existing problems, thereby further proposing some measures to improve the system in the hope that disputes and conflicts can be settled well.This thesis can be divided into three parts:The first part is about the status quo of the criminal reconciliation system in the prosecution phase. A brief summary of its legal basis is gived firstly, than the specific stuations of applying is stated, including the most common theory basis of the system, why the system should be mainly applied in the prosecution phase and the specific stuation of applying.The second part is about the realistic difficulties of the criminal reconciliation system in the prosecution phase. According to the specific stuations, it is considered that there are five problems in the process of applying by the procuratorial organs, which includes a low number of application, the unreasonable status of each subject, the negative or non-performance, the lack of supervision mechanism and sentencing proposal of the procuratorial organs.The third part proposes some measures to improve the criminal reconciliation system in the prosecution phase. What matters are to correct people’s cognitive deviation of the system, expand three aspects of jurisdiction of the procuratorial organs moderatly and make the procuratorial organs’ role definition clear. It is proposed to add hearing procedure in the system, establish the criminal victims relief mechanism, improve the supervision and community correction mechanism, so that the system in the prosecution phase can be further improved.
Keywords/Search Tags:Criminal Reconciliation, Prosecution, Restorative Justice
PDF Full Text Request
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