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The Cases Analysis On The Construction Of Restorative Justice In China

Posted on:2013-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:W LiuFull Text:PDF
GTID:2246330371486291Subject:Code of Criminal Procedure
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For a long time, the traditional "international criminal justice" has always been the mainstream mode of criminal judicature.However, as the continuous development of the economy and society, more and more social problems keep coming up, this kind of traditional judicial model which is punishment-centralized does not meet the requirements of the developing society complex. At the same time, the more deeply the expert study on this subject, the more disadvantageous the current judicial mode seems to be.For the purpose of complimenting the traditional judicial mode, our country is actively urging criminal judicial reform.The conception of restorative justice leads us to a new level for solving many problems in this area.These years, some documentary polices around the court are released gradually in this aspect of the policy, whch works in several specialty minor criminal cases testing out the tripartite interactive dispute-settling judicial mode of "criminal-community-victim" which is proposed by restorative justice.As a result, our country should take this as an opportunity to construct our own adjusted restorative justice and in order to form our own multi-component, multi-layer criminal judicial system.This essay analyses associate legal issues in this area from three angles:First, it starts with two typical cases of victim-offender mediation; the introduction of the cases elicits the different opinions on dispute settlement under the background of restorative justice and deep analysis on the controversy and findings on the main focus of the controversy. Meanwhile, it indicates the writer’s support attitude on the cases processed according to the restorative justice model and the related analysis follows.Secondly, it analyzes the way of dispute settlement in the cases to look into the relevant theories on restorative justice, and deliberately expounds the advantages of restorative justice model comparing to the traditional way and the theoretical basis and realistic meanings of practicing restorative justice in our country.At last, this essay puts forward some detailed suggestions about the domestic legislation and enforcement for restorative justice.Currently,to promoting restorative justice in our country, it is necessary to base on the current legal system and find a proper meeting point with the new system, and then construct a locally adjusted system which can solve domestic issues better.
Keywords/Search Tags:restorative justice, models of justice, criminal reconciliation, systemconstruction
PDF Full Text Request
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