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Study On Settling Criminal Cases In Private

Posted on:2012-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:D M HuangFull Text:PDF
GTID:2216330338460090Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
China is a large proportion of the rural population accounts for the country; however, the judicial status of the rural areas did not become the focus of the study of judicial officers. We always can the articles which blame farmers for the choice of law in criminal cases do not understand compounding the article. However, why do so many compounds of criminal cases occurred in the rural areas? There is little attention has been paid. Although some scholars have recently conducted a study of compounding, however, the most of the articles are very superficial. Moreover, these articles are either isolated that compounding does not meet the rule of law in China, or that the compounding agreement failed to convince the reader deep level of their point of view. An Empirical Study of compounding the problem of criminal cases in rural areas is rarer. Because of this, the writer chose this challenging issue. The writer determines to do her best to grasp the true rural compounding the situation in criminal cases, a comprehensive system of criminal proceedings from the perspective of criminal cases in rural areas compounding the problem, hope this study can help the process of China's rule of law.Addition to the introduction and conclusion, the thesis is divided into three parts:The first part is an overview of theory, compounding an overview of the criminal cases in rural areas. First of all, the author completes interpretation of the concept of compounding criminal cases in rural areas by defining the concept of compounding, compounding and the compounding characteristics of the discourse and reconciliation, and private relief Criminal relatively. Then, the author describes the compounding of the legitimacy of criminal cases in rural areas of dispute. Compounding of academic support that: Compounding to the victims of respect from the right to appeal, compounding can increase the efficiency of criminal proceedings and to respect people's traditional concept of compounding. Against compounding of scholars believe that compounding will lead to public distrust of law, there will be unscrupulous compounding and compounding will have adverse consequences. The second part is empirical study of criminal cases that is compounding the situation of rural study. The empirical study is based to questionnaire study, supplemented by individual interviews. The writer makes 500 copies of questionnaires, survey statistics on rural criminal cases come to the current status of compounding. Present Survey include: the attitude of compounding the rural, the causes of compounding, compounding the object, compounding manifestations, compounding and the compounding effect of the existing reality. The final study in the status quo, the author also compounding the individual experience of the parties had been visited and asked compounding the specific implementation process to a conclusion.The third part is the theory with practice, in criminal cases in rural areas the regulation of Private Settlement. First, the author carried out the necessity of regulation. Mainly from the law, the purpose of criminal proceedings, the value of criminal choice, participants in criminal proceedings and the protection of the parties and the status of the rural areas of five aspects of the analysis. Secondly, the writer conducted a feasibility analysis of regulatory. There are three parts including: the tendency of national policy, legal and judicial status. Finally, the author proposed regulation of specific initiatives. The writer suggests that: First, the limit object for the private prosecution compounding relatively high frequency in rural areas of several specific types of cases, juvenile crimes, crimes according to the specific circumstances of the elderly and other people to decide whether compounding and intensification of the contradictions caused by crime. Second, the existing judicial assesses the compounding protocol. Third, by limiting the main, standard form, compounding the filing system established to regulate the compounding process. Fourth, compounding the effect of recognition agreement, but compounding the request does not have decided the effectiveness of law enforcement.
Keywords/Search Tags:Settle cases in private, Present Survey, Feasibility, Necessity, Regulation of settling cases in private
PDF Full Text Request
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