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Localization Study Of The Criminal Reconciliation System

Posted on:2011-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:X C ZhuFull Text:PDF
GTID:2206360302997215Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
criminal reconciliation also known as criminal settlement between parties, is a criminal justice system when crimes occurs, helps with the mediator, so that perpetrators and victims can communicate with each other directly, making negotiation as well as settlement of disputes or conflicts of both sides. Criminal settlement was originated in the West and is accompanied by the theory of criminal science, the restoration of justice.Its application in judicial practice began as a criminal cases with destruction of works of art in the Canadian city of Ji Qiena Ontario,1974.Nowadays, in Western developed countries, the criminal settlement has been generally approved and relatively mature as a system of criminal settlement.Criminal Reconciliation is a breakthrough of the traditional criminal justice, a kind of question of doctrines such as State Prosecution and concepts of retribution. Its purpose is to restore the social relations damaged by crimes. Its basic spirit is to protect the interests of victims, as well as the offenders and the public interests of community.Putting Criminal settlement into criminal dispute settlement procedures may do well to resolve the victims and the perpetrators effectively. This is also good for improving the efficiency of litigation, to achieve fairness and justice, promoting harmony and stability of our society. This advantages are also marked as a remedy to the traditional criminal justice, curing its lots of maladies.Currently, the criminal settlement is still a new comer in China, despite theoretical concern about the high heat in practice, there have also been applied in criminal cases to the exploration and settlement attempts, but the sense of our system of criminal settlement does not yet exist, nor the Criminal Procedure Law the introduction of the criminal settlement procedures. Just as an old saying says:"Stones from other hills may serve to polish jade"。To make up our system and legal shortcomings, exerting the criminal settlement of this "import" in the criminal proceedings as well as building a harmonious society in China's positive role, this author carried out the criminal settlement in-depth assessment of China's past and present conduct investigation and study, fully endorsed the introduction of the criminal settlement in our country need and feasibility for further building meet the actual needs of our system of criminal settlement in my personal views.This article includes five chapters. The first chapter, starting from the concept of the criminal settlement, introduces the origin and development of criminal settlement as well as its characteristics and comparison with related concepts; The second chapter focuses on the theoretical basis of criminal reconciliation and its core value; The third chapter describes some typical foreign criminal settlement patterns and the concrete practice of a few major countries; The fourth chapter also known as the localization of the criminal settlement. This chapter is the focus of this paper. In this chapter, the author will make an exploration of the criminal settlement, including:an analysis of history and reality after investigation, the necessity and feasibility for an integrated approach of criminal settlement system; a description of the criminal settlement in our country's development situation and existing problems; and our construction of a criminal settlement system here in China facing with the actual situation of the specific criminal settlement system nowadays.
Keywords/Search Tags:Criminal Mediation, Criminal Policy, Restorative Justice, Harmonious society, Localilzation
PDF Full Text Request
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