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Functions Of Restorative Justice In The Criminal Proceedings

Posted on:2007-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:L LuFull Text:PDF
GTID:2206360185472553Subject:Law
Abstract/Summary:PDF Full Text Request
Victims are those who are immediately harmed by criminal acts, so their right should have been protected by the state and paid attention to by the society. In reality, the traditional "State VS Criminals" criminal procedural mode tends to ignore the victims' rights, while causing negative impact on the society. At present, the protection of victims' rights has been a hot topic worldwide; many countries are seeking the solution to this topic. Generally speaking, China is still a long way to go in protecting victims' rights. In this regard, scholars in China offered many solutions from different angles. The author explored the Restorative Justice mode which is predominant in the west recent years, concluding that bringing this mode will help a lot China's protection on victims' right. Base on this purpose, the author in this article puts forward the introduction of the Restorative Justice to China so as to beef up to the protection on victims.Contents of this article:In the preface, the author point out the disregard of victims' rights in the traditional criminal litigation procedure. It causes negative impact not only on victims but also on the society. In the past fifty years, many countries have committed to the reform of victims' right protection. No exception for China, its Criminal Procedural Law laid down the protection of victims' rights, which provides a legal basis for protecting victims' right. Confined by outdated ideas, imperfection of legislative skills, underdeveloped economy etc; China's protection on victims' right is backward. It is necessary for us to perfect our ideas and systems on victims' rights protection.Section one: the overview of Restorative Justice. Restorative Justice is a type of criminal Justice mode, which involves the participation of all crime-related parties to cope with the crime, intending to repair the consequences caused by the crime. It is characterized by restoration and participation. Restorative Justice chiefly...
Keywords/Search Tags:Restorative Justice, Victims in criminal justice, protection of rights
PDF Full Text Request
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