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Empirical Research On Criminal Reconciliation Cases Accepted By The People’s Procuratorate Of Lusong District In Zhuzhou City

Posted on:2012-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:W H MiaoFull Text:PDF
GTID:2246330374491292Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, based on summing up the experience of juridical practice and refering tothe ideas of resilience, the procuratorial organs of all levels in China have been activelydeveloping the practice of criminal reconciliation within the law in order to carry out thecriminal policy of tempering justice with mercy with an eye to the full exertion of functions ofthem. Criminal reconciliation is a lawsuit activity that the judicial authority takes todistinguish the criminal responsibilities according to the specific conditions in favor of thevictim after a mediator assists the victim and the victimizer in reaching a reconciliationagreement for economic compensation through a direct talk and consultation, and thatincludes economic compensation agreement and criminal responsobility judgment. people’sProcuratorate of Lusong District in Zhuzhou city in participation in criminal reconciliationpossesses its validity,necessity and feasibility. With regard to its validity, although criminalreconciliation is not clearly classified into current Chinese crimial laws, it complies with thespirits embodied in the existing criminal justice policy and the enactment of criminal laws.What’s more, the11th Standing Committee of the National People’s Congress in its22thsession primarily reviewed the PRC Criminal Law Amendment (Draft), in which thespecial provision for the procedure of the reconciliation between litigants in cases of publicprosecution was made. As a result, the foundation of its embedding into the criminallitigation procedure has been laid. From the point of its necessity, is to build a harmonioussociety, the optimal allocation of judicial resources and comprehensive restoration of justiceneeds. Many grassroots procuratorates from criminal settlement to explore the situation, thecriminal settlement is entirely feasible By2006to2010people’s procuratorate of Lusongdistrict in Zhuzhou city in Handling Criminal Cases of reconciliation empirical analysis, wefound Criminal responsibilities has advantages of settling social conflicts, Comfortvictims,Effective crime prevention and cutting down on the cost of legal troubles over thetraditional methods of handling a case. On the other hand, problems of its understanding,practical operation and institution arise in the process of carrying it out. Therefore, we shouldperfect the procuratorial organs criminal reconciliation system,By defining the criminalreconciliation applicable scope, clear criminal reconciliation of the applicable condition, theperfect criminal reconciliation for the program, clear injures the way to perform itsobligations, and certain criminal reconciliation the validity of the agreement, constructing thecriminal reconciliation mechanism and other measures, set up with Chinese characteristicscriminal reconciliation system.
Keywords/Search Tags:people’s procuratorate of lusong district, criminal reconciliation, EmpiricalStudy, conditional non prosecution, social correction
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