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Criminal Reconciliation System

Posted on:2007-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:M X WuFull Text:PDF
GTID:2206360212470304Subject:Law
Abstract/Summary:PDF Full Text Request
China's traditional legal concepts based on the country, stressing that national interests and fail to pay attention to the legitimate rights of the individual. In recent years, the rivalry between the integration of our experience from the West and gradually more attention to the legitimate rights and interests of the accused, to the rehabilitation of offenders, so that social reintegration, but desires, the intensification of social contradictions, criminal cases every year growth, high rates of recidivism, the rights of the victims receive the protection they deserved, social disharmony. In the background, this paper the concept of the criminal characteristics elaborate reconciliation, and reconciliation system for foreign criminal investigation and any reference to China, the value to the Criminal reconciliation, the necessity and feasibility analysis, create the framework of our system of criminal reconciliation.This paper is divided into five parts, each part of which reads as follows:The first part of the criminal settlement with the concept and features of the definition of the criminal system and development path of reconciliation, the relationship with other relevant concepts. We realize that the solution is criminal damage repair complex "interests" is a refresher complicated justice, rather than the traditional retributive justice, it is ultimately to protect the rights of the victim, offenders return to society, a stable social order, so as to achieve a virtuous circle.The second part of the theoretical basis for the criminal settlement in detail, presenting the four specific patterns of criminal reconciliation. Equilibrium Theory, narrative theory, theory is the criminal justice complex and repair of the three major theoretical basis for reconciliation, reconciliation four basic modes : criminal community mediation model, transfer patterns, alternative models, models of justice. Alternative models are more suitable for application in China's national conditions, this model on the basis of respecting the interests of the victim, by changing the penalties for criminal penalties which disputes have been...
Keywords/Search Tags:Criminal Reconciliation Value Analysis, Necessity and Feasibility, Construction of the Chinese model
PDF Full Text Request
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