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On The Construction Of Criminal Conciliation System In China

Posted on:2009-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:T TanFull Text:PDF
GTID:2206360245482468Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Criminal reconciliation has been widely spread in the world as a new type of criminal conflicts-solved mode since 20century 70ties, Which is in much need into the studying subject in the legal circuit in our country. This article, is divided into five sections.Part one is the introduction. Part two is the concept of criminal reconciliation and comparison. Firstly, discussing the definition of criminal reconciliation, Finally, through contrasting the defined concept of criminal reconciliation against some similar concepts, such as private settlement, mediation, plea bargaining and restorative justice, to analysis the sameness and difference between them.Part three is the profile of criminal reconciliation practice and the evaluation of its advantages and disadvantages. First, discussing the profile of the of criminal reconciliation practice. Starting with the criminal reconciliation practice overview of the United States, the United Kingdom, Japan and Germany, to introduce the origin, development and related legislative documents of the criminal reconciliation system in these countries. And then to describe the profile of the criminal reconciliation practice in China briefly. The advantages of Criminal reconciliation are as follow: (1) The effect of special prevention is better. (2) Meeting the victim's requirement much more; (3) can built the gold bridge for offender better; (4) can save the justice cost more; (5) more justice. But many researchers believe that there are also many disadvantages of the criminal reconciliation, mainly as follows: (1) ignoring the protection of suspects' rights; (2) the efficiency is poor; (3) the criminal reconciliation went against vulnerable groups; (4) undermining the principle of consistency between crime and punishment; (5) resulting in widespread damage.Part four is narration of the reasons of construction of criminal reconciliation in China. The author analyzes mainly from necessity and feasibility.Firstly, the necessity mainly embodies as such: (a) criminal reconciliation reveals the idea of harmonious justice, and which becomes the necessity for the development of harmonious society; (b) criminal reconciliation reveals the thick humanistic spirit, which is the necessity of implement if the humanistic policy; (c)criminal reconciliation can increase the efficiency of judicature, which is the necessity of development of the economized society; (d) criminal is advantageous to the protection of the victims, which keeps pace with the international reform of justice.Secondly, the feasibility mainly embodies as such: one is the foundation of the construction in China, such as the deep traditional culture foundation, criminal policy foundation and social practice foundation; the other is systematical construction of criminal reconciliation in China has no side-effects, which has no contradictory conflicts with the principles of criminal law, no counter on principle of a legally prescribed punishment for a specified crime and principle of legal equality. Construction in China has no conflicts with the power of punishment. In addition, the care that construction in China will increase the judiciary corruption has no any foundation.Part five is the detailed device of construction in China. The prerequisites of application of criminal reconciliation includes: (1) of one's own accord; (2) admittance one's guilt in objective; (3) active restitution. Secondly, introducing some typical modes such as family group conference mode, police-led cautioning mode, community group conference, circle sentencing and community responsibility mode. Then according to the current situation in Chinese Mainland, and the different stages arranged by the procedural law, choose the proper modes.And then, the author concepts the mediator in criminal reconciliation. The choice, train and check of the mediator should make the reference of the choice, train and check of juror.Lastly, the author concepts the procedure and validity of criminal reconciliation.
Keywords/Search Tags:criminal reconciliation, restorative justice, Criminal justice, victim, criminal
PDF Full Text Request
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