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Discussion Criminal Reconciliation System

Posted on:2012-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:X H LiuFull Text:PDF
GTID:2216330368997282Subject:Law
Abstract/Summary:PDF Full Text Request
China is building a socialist harmonious society, which is the CPC Central Committee put forward a clear strategic task, and with the continuous development of society, increase the number of criminal cases and limited judicial resources, the conflict between the increasingly prominent, the traditional criminal justice system, heavy punishment retribution, the lack of protection of the interests of victims of crime, the drawbacks of treatment effect is not satisfactory gradually emerging, showing the effectiveness of the proceedings is not high, the backlog of cases, victims are not satisfied with other ills, the criminal settlement system can make up more than just defects, will the importance placed on the victim status of criminal justice, focusing on the concept of compensation and rehabilitation, and more emphasis on social harmony and interpersonal relationships repair, in resolving social disputes while maintaining social harmony.Criminal settlement, also known as perpetrators and victims of reconciliation between perpetrators and victims meeting, direct the parties to mediation or the meeting is called to restore justice. Criminal settlement originated in the West, because the value contains a variety of balanced protection, it is a non-penalty, victim protection, offender re-socialization, etc. are very effective system. In the proceedings, the criminal creates a new type of settlement to resolve criminal disputes procedure in the form, the spirit of freedom of contract would introduce criminal proceedings, fit the humanistic aspirations. This concept has also been accepted by many countries and regions used in practice. Theory for the victims of the criminal settlement system has been damaged emotional recovery and restoration of social relations provide a relative balance of protection, is a punishment of the non-penalty, the full consideration to protect the rights of victims, the perpetrators of the re-socialization, peace ceremony creative recovery and other aspects of the system. Restorative Justice is more meaningful than simple punishment. Criminal penalty is an abstract, the victim was against the interests and people will not be subject to criminal punishment to resume. Therefore, in order to make up for losses caused by crime, must pay attention to the needs of victims through the criminal settlement, prompting the perpetrators repent, get the victim to the offender's understanding, so as to maintain normal social relations, in order to achieve true justice. Restorative justice after decades of rapid development of industry has become the most dynamic in Western countries, a criminal justice system, criminal settlement as a criminal world a new concept, but also become a global trend.Criminal reconciliation as a new criminal settlement mechanism to meet the different needs of the main interests, so that the disputes between the victim and offender to be resolved, can make up the traditional criminal justice model to solve the problem of deficiencies and defects, to build a socialist harmonious society significant. Establish and improve the criminal settlement system to express social tolerance, reflecting the humanitarian thinking, reflecting the "people first" philosophy. Therefore, research on improving the criminal settlement system of criminal substantive law and procedural law has important theoretical and practical significance.This paper is divided into four parts, first part is an overview of the criminal settlement system and legal basis; second part of our criminal status and problems of reconciliation; third part is the construction of the criminal settlement system of China's need for and feasibility; fourth part is criminal procedures and improve reconciliation run.
Keywords/Search Tags:criminal reconciliation, restorative justice, the status quo and problems apply to the trial
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