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On Criminal Reconciliation Chinese Mode

Posted on:2011-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:S S GuoFull Text:PDF
GTID:2206360308963090Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years, one of the main topics about criminal justice reform in international judicatory circle is to create a kind of new judicatory mode, which benefits for both the protection of those victims and their returns to the society. At the foundation of criticism and review on traditional criminal justice's defects taken by law-governing western developed countries, the Victim-Offender Mediation was formed and developed, which is a type of new mode especially dealt with criminal debates. In practice, more and more substantive departments of justice, in particular, a criminal prosecution to explore reconciliation, the formation of a number of relevant documents and systems. However, after several years of practice, the criminal settlement in our country has not made any substantial breakthrough, the lack of the relevant provisions of the law, there is no authoritative body to explain, making parts of the judiciary is completely explored in practice, the result is the standard throughout the judicial action is not uniform, similar cases may not follow the same procedures of the criminal settlement, so it is chaos.So I started from the concept of the criminal settlement, on the previous research on the definition of the criminal settlement sum and combing, practices and system requirements from the practice to find out the characteristics of the criminal settlement activities, the definition of the criminal settlement re-positioning. On this basis, analysis of the basic spirit of the criminal settlement and the basic content of the contract and the current popular view put forward counter put forward another point of view-Contract. In a new understanding of the criminal settlement, based on the practice in recent years by summing up our country to explore, that application of the criminal settlement achieved successes and problems, put forward a new vision. Finally, the pattern of criminal settlement, the premise and scope of application, programming, facilities and other aspects of vision, and strive to perfect our system of criminal justice admonished the words and ideas.
Keywords/Search Tags:Criminal reconciliation, repair, disposal, harmony
PDF Full Text Request
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