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Discussion On The Criminal Reconciliation In The Public Prosecution Cases

Posted on:2012-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z B WeiFull Text:PDF
GTID:2216330338466466Subject:Legal theory
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The current practices about the Criminal Reconciliation are bloomed widely in the criminal justice area of China. However, because of the lack of in-depth discussing and understanding of the concept, construction and essence of the Criminal Reconciliation procedure, there have been some confusion in the two aspects of theory and practice. This paper records some thinking about the essence of the Criminal Reconciliation through the view towards the Criminal Reconciliation's legislation and practice in France. According these, we can know our departures in theory and practice about the Criminal Reconciliation. And also, the author brought some simple suggestions about how to build this procedure.Criminal Reconciliation in the broad meaning can be understood as an ideal that is to put reconciliation into criminal cases. It has a very broad area. The Reconciliation between the two parties in the Private Prosecution cases and Civil Proceeding in the Criminal cases which prescribed in our Criminal Prosecution Law are one kind of a procedure form on this broad meaning ideal of Criminal Reconciliation. But this article discusses the Criminal Reconciliation in the strict define, which is a system and be limited in the Public Prosecution of Criminal Case. In strict, the term, Criminal Reconciliation, include three connotations:1, The Reconciliation do not equal the Mediation. It is a consulting between two sides, no third; 2, Cases of criminal prosecution is the State's prosecution of criminal cases, so the two sides of reconciliation should be the public prosecutor and the offender; 3, the Criminal Reconciliation is "the reconciliation on the Public Prosecution". It is an agreement about the criminal responsibility between the State's prosecution organ and the offender. It emphasizes the reconciliation on the criminal part of criminal cases.The direct purpose of the Criminal Reconciliation is to save and help some offenders, which subjective malignancy not strong, do not have big harm to society, and confess voluntarily with true repentance possible. The fundamental purpose of the Criminal Reconciliation is to punish criminals, protection of human rights-the same with the purpose of criminal proceedings.The Criminal Reconciliation is the disposal of criminal responsibility, replaced with some punitive and educational sanctions. In such cases, the facts are clear, evidence of enrichment, the most thorough way to save the perpetrator is not to sue, do not convict him, so the prosecution stage is most appropriate to the Criminal Reconciliation proceed.Executive forms of the Criminal Reconciliation are not limited in Deferred prosecution and Conditional non-prosecution. The Criminal Reconciliation, which is named as a politic or ideal procedure, can revolve all kinds of executive forms.From the above analysis we can see that, the Criminal Reconciliation, is a punitive alternative measure to the public prosecution, which the state prosecutor can choose, through use public prosecuting right in some defined criminal cases. The nature of the Criminal Reconciliation can be understood as the following three characteristics:1, indictment alternative; 2, criminal contractual; 3, selective.Since 1999, France has established the criminal settlement procedures (composition penale) in its Code of Criminal Procedure, and constantly revised and improved in the application. It is now a clear and fluid procedure, with strong operational, and in practice, produced very good results. France is an example of civil law system of criminal proceedings, which criminal legislation and practice can help us clarify the nature of the Criminal Reconciliation. The effect of legislation and practice, and problems can also give us some information and reference.The concrete content is divided into five chapters:Chapter One Introduction:The present status of research; The second chapter describes the status of legislation and practice of the criminal reconciliation in France; The third chapter analyzes and discusses the Criminal Reconciliation; Chapterâ…£presents the exploration and discovery of problem, about the Criminal Reconciliation in China; Chapterâ…¤, suggestions of construction of the Criminal Reconciliation.
Keywords/Search Tags:the Criminal Reconciliation, the Public Prosecution, offender, Deferred prosecution, Conditional non-prosecution, Non-prosecution
PDF Full Text Request
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