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Criminal Reconciliation Under Victim's Fault

Posted on:2012-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z L ZhaoFull Text:PDF
GTID:2216330338462762Subject:Law
Abstract/Summary:PDF Full Text Request
In the context of the subject harmonious development of the time,in all areas of society in promoting a concept of harmony, of course, including criminal justice. Criminal penalties for crimes with the tools and protect the people of purpose, with strong characteristics against crime, so the traditional code of criminal procedure also showed a tough decision for the type of crime processing mechanism, which is somewhat deviated from the concept of harmony. Harmony policy embodies in the Criminal Justice with Mercy mainly to broad-based, etc. In the penalty area is mainly light punishment and community punishment correction, etc.; in the main area of the criminal law is a criminal reconciliation, restorative justice. Criminal reconciliation system on its unique way of dealing with crime in many parts of the country has been effectively practiced. However, the issue of reconciliation, they often focus on the value of reconciliation, reconciliation of the range, the effect of reconciliation, and so rare to find a perspective cut, under certain special circumstances of the settlement system of the article. From the victim is at fault this situation, this paper is mainly used comparison and conclusion, for example, methods such as, first, to explore the perpetrators and the existence of interaction between the victim; Secondly, the sense of criminal responsibility and sense of responsibility for criminal law distinction between the responsibility of the perpetrators were more accurate identification; re-application of criminal offenses at this time of reconciliation and the necessity, feasibility and specificity of the analysis, the last occurring in the community as the material for a number of sensational cases, which obtained in all stages of criminal proceedings for criminal settlement patterns. This addition to the introduction and conclusion, including the following four parts:Part one, first of all, the scope of the victims, described the characteristics of the intention is different from the average person looking for the special nature of the victim and the victim suffered serious injuries;Part two, victims of faults in this situation should be how to identify this fault; finally, the interaction between victims and offenders exist, the impact on bilateral relations. The second part analyzes the fault of the victims of criminal responsibility on the perpetrators, there is another position that criminal liability should the sense of the concept of criminal responsibility, sense of responsibility for this crime requires the presence of interaction between the two parties shared.Part three, The third part of the faults in detail the victim, should the need for and feasibility of the criminal settlement.Part four, focusing on analysis of faults in the victim when applied at different stages of settlement patter.
Keywords/Search Tags:Victim, Fault, Criminal reconciliation
PDF Full Text Request
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