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Study Criminal Reconciliation Of Certain Legal Issues

Posted on:2012-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:L XueFull Text:PDF
GTID:2216330338964865Subject:Law
Abstract/Summary:PDF Full Text Request
From the criminal settlement in Western countries is considered restorative justice system is the realization of the right to relief to the victims of a rational choice. Implied value of the concept of promoting protection of the rights of victims and respect for, and thus the creation of a new dispute resolution.The values contained in the criminal reconciliation advocated protection of the rights of victims and respect, it's a new dispute resolution. Along with China JUSTICE policies proposed and harmonious society and practitioners on the application of criminal settlement of the trial, People on the criminal reconciliation studies are increasingly attentioned . Criminal reconciliation has positive significance in consummating the Criminal justice system and Meeting the demands of the peoples .Firstly ,the paper conducts a criminal reconciliation this probably, summarizing the characteristics of criminal reconciliation of the investigation to the history of victim - offender mediation in our country, the deep mining history of criminal reconciliation concept. Through the comparison of the criminal reconciliation and related legal concept ,we are clearer definition in criminal reconciliation . We expounded the applicable criminal reconciliation and practical effects, both at home and abroad for our country, and we evaluated the criminal reconciliation, objective in China.In addition, breakthroughs before, the article focused on analysis demonstrates the elements, with a certain length. The first part is the elements of the subject of victim - offender mediation . Mainly uses the method of listed in the judicial practice of criminal reconciliation analyzed this subject .The article dealing with all subjects in the position and function of criminal reconciliation; The second part components is criminal reconciliation agreement . Article definite the agreements, through analysis of the effect of criminal settlement properties . And the paper tries to clarify the processing method of the agreement is void . The article is enlightening in the judicial practice.The last part of the paper, we conducte the idea legal process in criminal reconciliation's setting. The article tries to perfect our criminal justice system through setting the scope and the conditions of the criminal reconciliation. This paper introduces applicable mode, which is suitable for China's national conditions. According to the controversy in practice, on the criminal reconciliation applicable stage , article sets made criminal reconciliation in the applicable, expounds the advantages and scope in the specific litigant phase with bolding, in order to exploring our criminal justice system beneficial reform ways.
Keywords/Search Tags:criminal reconciliation, Status, subject, criminal reconciliation agreement, Applicable condition and main body
PDF Full Text Request
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