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The Identification Of The Procuratorial Organ In The Criminal Reconciliation System

Posted on:2012-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:C L XieFull Text:PDF
GTID:2236330368977472Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Criminal Settlement fit the current of building a socialist harmonious society And is increasingly used to handle the criminal cases by the public prosecutor. But with lack of the specific law basis, there is not fixed pattern of criminal settlement everywhere, which affect the efficacy of the criminal settlement system to play on the prosecution in criminal settlement system for analyzing and discussing role is particularly important. This paper sums up the role that the criminal prosecution system play in the status of reconciliation, and my ideas about the role of the prosecution’s reconstruction through analyzing the context of the criminal settlement in the developed Western countries in the comparative study the role of the prosecution.Criminal reconciliation as a social being explored in the dispute settlement mechanism, the harmonious development of society has its positive side. However, as China is now the stage of the criminal settlement disputes in a way to deal with criminal, not the only way, in the absence of specific legal provisions, it has been implemented throughout the prosecution, trial practice throughout the academic requirements to carry out further detailed Reconciliation of all aspects of criminal research, criminal prosecution of the settlement system is especially important role, related to the main body of the scope of the criminal settlement. Prosecutors handling criminal cases in the criminal settlement for faster solutions to the problems before the party, improve efficiency, saving judicial resources, but also on the case the best interests of victims and perpetrators of protection, to quell disputes before them, faster Repair behavior of perpetrators and victims because the harm caused by impaired social relations. Pursuit of the criminal settlement balance between fairness and efficiency, but now the country is not in place the provisions of the law, resulting in the real world too much power Procuratorate, criminal reconciliation appears to be several conflicting rolesThis paper try to oriented for the several conflicting roles from a new perspective in the settlement of criminal prosecution. I hope this attempt will be conducive to academic research. However, the prosecution’s role in the criminal conflict of reconciliation is not everything in criminal reconciliation and not just the questions which were mentioned by the article. I hope more scholars study the criminal settlement system and reconciliation in the context of the role of prosecutors position, so that each criminal settlement case in judicial practice can stand the test of history.
Keywords/Search Tags:Criminal Settlement, Restorative Justice, Plea Bargaining, Justice consultation, Communicator
PDF Full Text Request
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