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On Predicament And Solutions Of Chinese Criminal Reconciliation System

Posted on:2012-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:J TuFull Text:PDF
GTID:2216330335490249Subject:Law
Abstract/Summary:PDF Full Text Request
In China, criminal reconciliation has been recently applied to solving private actions and minor criminal conflicts in the process of criminal prosecution. The result of such new practice adopted by justice authority, mainly by procuratorial organs, is quite satisfactory. In every experimental area, criminal reconciliation not only helps increasing the efficiency of litigation, but also plays a role of saving judicial resources. However, there still exist many problems, for instance, distinct applicable scopes, confused roles of moderator, limited ways of taking the rap, etc. It's believed that all these problems can be solved by legalization and system design.Based on the theory of Restorative Justice in western countries, criminal reconciliation challenges Chinese traditional criminal law theory, legal condition and social base. The process of its transplanting has landed itself in theoretical trouble. This paper tries to justify the practice of criminal reconciliation in our country, by varying judicial theories, investigating the legal values of criminal reconciliation and proposing ideas of building the system.Featured with restoration, participation and mitigation, criminal reconciliation embodies the civilized spirit of modern country under the rule of law, that is, democracy, equality and human rights. Under the circumstances of limited justice resources, application of criminal reconciliation is a way of achieving litigation efficiency by cutting down litigation costs. Therefore, the step of bringing in criminal reconciliation into our legal system is in line with the criminal policy of "severity with leniency" and people-oriented concept of governance. In the background of Chinese establishing a harmonious society, introducing criminal reconciliation into our current legal system will benefit our judicial system a lot.
Keywords/Search Tags:Criminal reconciliation, Criminal justice, Restorative justice, Rule of law
PDF Full Text Request
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