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Empirical Research On Criminal Settlement

Posted on:2013-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:G M BaiFull Text:PDF
GTID:2246330395470816Subject:Law
Abstract/Summary:PDF Full Text Request
Start in the middle of the last century western criminal reconciliation, as moderncriminal under the guide of the concept of a completely new kind of criminal case solution,will focus on the victim of the criminal litigation--the aggressor’s relationship, by bothparties to talk communication, negotiation criminal disputes, pay attention to the conflict ofsocial relations and eliminate the repair, no doubt to the traditional criminal judicialphilosophy and its system with great challenges. According to the traditional criminal casehandling the way out of the increasingly exposed many problems, are urgently needed to aneffective way to overcome the disadvantages of traditional handling correspondence, toconstruct a socialist harmonious society, reflect the time request the criminal policy oftempering justice with mercy "solutions, on behalf of modern criminal judicial idea at thistime and due consideration to the interests of the victim and injures into people’s horizoncriminal reconciliation. Theoretical circles on the discussion of the criminal reconciliationcontinues; In theory research and fruitful, in recent years the judiciary also started extensivepractice, and actively explore the settlement in the use of a case of public prosecution, andachieved good social effect, accumulated the rich and precious practical experience.The international experience, domestic policy, theoretical basis and practicalexperience in China to advance to the victim-offender mediation’s preliminary approval,legislation authority according to the proposed changes in succession more perfect thecurrent criminal procedure law, the opinion and the suggestion, August30,2011theNational People’s Congress standing committee will "criminal procedure law amendment(draft)" to the public and for advice on March14,2012.11th National People’s Congressadopted by the fifth meeting of the National People’s Congress to represent on revising the"criminal procedure law of the People’s Republic of China (decision)", through the People’sRepublic ZhuXiLing55th by. For favorable resolves disputes, the criminal procedure lawmodified according to its actual conditions timely expanded reconciliation program, theapplicable scope of the part will be a case of public prosecution into reconciliation program,the scope of specific provisions in a case of public prosecution reconciliation program.The author summarizes and analyzes our country criminal reconciliation of judicialpractice status quo, combined with the provisions of the criminal litigation modification, toconstruct characteristic of our country have preliminary criminal reconciliation system putsforward personal opinions and Suggestions. This paper is divided into the following fourparts: The first part, through to the area, the investigation of the typical cases, summarizesthe criminal reconciliation in our present situation and the existing problems in judicialpractice, analyzes the domestic practice mode and make Suggestions.The second part, the fundamental theory of criminal reconciliation discussed, definethe concept of criminal reconciliation, and the related concept distinguish; Brieflyintroduced the western criminal reconciliation reasons, the rise of theoretical basis. WithChina’s actual analysis criminal reconciliation and its system into the feasibility.The third part, the construction of the Chinese characteristic criminal reconciliationsystem proposed initial assumption, combined with the modification of the criminalprocedure law discusses criminal reconciliation, the applicable scope of the system toimprove and perfect the existing problems, establish a complete supporting measures.
Keywords/Search Tags:criminal reconciliation, criminal procedure modification, Legislation withperfect reflection
PDF Full Text Request
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