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A Probe Into The Practice Of Criminal Reconciliation In A District People 's Court Of Guiyang City

Posted on:2017-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:T LiuFull Text:PDF
GTID:2206330503487578Subject:legal
Abstract/Summary:PDF Full Text Request
Criminal reconciliation is a way of dealing with crime, refers to in the activity of criminal proceedings, the victim and offender dialogue and consultation voluntarily on the loss of the victim under the auspices of some institutions or personnel, then make the offender undertake the due obligations with a clear tendency of slow wide. With the development of the times and the change of the social situation, the traditional concept of criminal law and the system have changed, and the criminal reconciliation is the centralized reflection of this change. While the criminal reconciliation has achieved substantial results, it has also exposed a lot of problems, such as the understanding of the value of criminal reconciliation system is not clear, low case handling efficiency in criminal reconciliation, the matching reform of criminal reconciliation is not perfect, promoting the depth of the criminal reconciliation disadvantage, "spend money on punishment" and "wild speculation", the credibility of the criminal reconciliation has under suspicion.In this paper, the criminal reconciliation case of a District People’s Court in 2014 was studied, and the number of cases, the use of the criminal reconciliation case of the charges, the contents of the criminal reconciliation, the amount of compensation for criminal reconciliation and the patterns of criminal reconciliation were consolidated statistics. At the same time, part of the staff was interviewed, and collected the current solution to the problem of the front-line staff in the actual operation of criminal reconciliation. Aiming at the problems in the practice of criminal reconciliation, the author combined with the research achievements of scholars, and finally put forward some ideas and solutions to solve the problems.This study found that the criminal reconciliation is increasingly becoming an important way to solve the criminal disputes. It makes psychological trauma of victims to be healed and their substantial losses are made up. The offenders are able to repent and start anew better and return to society, thereby improve the satisfaction dispute resolution, and it makes the litigation effenciency can be improved, the social contradiction is resolved and the social order is stabilized.Even so, there are still a variety of problems in practice of criminal reconciliation such as listed above. So the author thinks that we should recognize and unify the value of the criminal reconciliation system, define the meaning of the terms in the criminal reconciliation and be simplified shunt in the proceedings. The state and society should build the criminal injuries compensative legislation, perfect the case handling mechanism such as case screening, communication and coordination, guidance and other publicity-related, to promote the further development of the criminal reconciliation.
Keywords/Search Tags:Criminal Reconciliation, Practical Problems, solution
PDF Full Text Request
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