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Promote Criminal Reconciliation System To Promote The Development Of Forensic Science

Posted on:2011-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:C Q SunFull Text:PDF
GTID:2206360308990809Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As a new type of penal judicial system,the penal mediation system has got the ball rolling in developed countries since the 20th century.nowadays,it's no longer a particular system which merely plays an important role in existing developed countries,however,it will provide us a new train of thought in the field of perform of our penal judicial system. It illustrates the growing sense of significance in the process of the contruction of a harmonious socialist society in our coutntry. The utilization and the assimilation of the reasonable factors of system,and then building the penal mediation system with chinese characteristics is also building a judicial system which is essential to our harmonious society. Based on china's traditional culture and the harmony idea of china,this article,combined with judicial practices in our country,presents in detail the penal mediation system and the related issues,and clarifies its competitive superiority,and supported with the analysis of the penal principles and policies,as well as the utilization of the overseas practices of the penal mediation system,a further step of this article is to put forward a concrete conceive of building our penal mediation system.The article includes 4 parts in total. The first part illustrates in detail the criminal reconciliation and the relationship between the scientific concept of development. The criminal settlement fully consistent with the scientific development concept. He embodies the scientific development of criminal justice reflects the core idea of people-oriented, reflecting a comprehensive, coordinated and sustainable development requirements, reflects the integrated approach.The second part of the settlement system of criminal investigation the social background and history, and details of New Zealand, Britain, Germany, the development of the criminal settlement system, the system model from the national lessons.The third part emphasizes the meaning of the spiritual values of the criminal settlement with the pre-existing conflict between the values. Including its conflict of Criminal Procedure, which state with the parties in this conflict, in this order; criminal justice model of conflict, that retaliatory justice to restorative justice model and the conflict; criminal law applicable to the conflict, that is, equality before the law and Criminal individualized conflict; traditional social values conflict, that is, punishment and guilt when thinking of the conflict in harmony.Part IV elaborates the concept of the criminal settlement system and its associated "Compounding," "mediation," "incidental civil action," "plea bargain" concept, highlighting the characteristics of the criminal settlement system. And from the scope, procedures, conditions and participants, the effectiveness of different aspects and so on, through legislation to develop the appropriate system to protect the Fa Lvå'Œplace complementary areas such as convergence Cuoshi build Fuge China's national conditions of the criminal settlement system.
Keywords/Search Tags:A Penal Mediation System, Scientific Development, the construction of system
PDF Full Text Request
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