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Criminal Reconciliation System

Posted on:2013-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:T Y SongFull Text:PDF
GTID:2246330371970990Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal reconciliation system originated from the restorative justice concept (also known as restorative justice, compensatory justice, etc.). Foreign scholars conceive that through this system, perpetrators and victims mediate directly and the specialized agencies of the State no longer make prosecution of perpetrators.Criminal reconcilation is a kind of system to help protect the legal right of victims and injures. As a new lawsuit termination pattern, it is in line with the idea of building harmonious society and meeting the criminal policy of tempering justice with mercy.The amendment of the Code of Criminal Procedure of the People’s Republic of China absord the academic research and practical experience of the criminal reconciliation and saves the nationa ljudicial resources. However, there are still some deviations and defects.This article starts from deliberately assaulting case, which divided into four parts:the first part is about a deliberate assault case,the author intends to do some empirical analysis to explicit criminal reconciliation system in our country;The second part states the concept, origin, development and basic characteristic of criminal reconcilation system; The third part is the main part, which shows the specific application of criminal reconciliation system in China, such as the scope of application, the applicable condition, the further treatment of criminal reconcilation. in addition,the author analysis the problems of criminal reconcilation from the practice aspect; The fourth part is to solve the problem of proposed countermeasures mentioned in the third part, although new criminal reconciliation system has been pinned down in the form of laws and regulations,the application of this system still remains to be explored. The author hopes this article can play some role in promoting perfection of criminal reconcilation system.
Keywords/Search Tags:criminal reconcilation, new code of criminal procedure, crime of intentionalinjury, the right of victim
PDF Full Text Request
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