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Criminal Reconciliation Under The Perspective Of The Victim Rights Protection

Posted on:2013-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:N DingFull Text:PDF
GTID:2246330395472744Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Criminal reconciliation is when crime happened after that the state of public powerorgans as a mediator inflictive party organization and victims of negotiation andcommunication, together to achieve reconciliation opinion, restore damaged of socialrelations, a kind of system. Criminal reconciliation system based on balance theory, restoresjustice theory, and narrates from theory; the victim is the important criminal reconciliation ofthe participants. Criminal reconciliation system is that the victim statuses return, to expand inthe procedure in the prosecution of the private rights an important try. In order to achieve themaximum of the minor damage narrow the victim, need to mitigate the antagonism betweenstates and injures. The victim has government control and relief program right, the formerincludes the victim charges, the right of the right to learn that criminal reconciliationinformation as well as participation in criminal reconciliation program execution right; Thelatter include the right to receive compensation and get the right to compensation.Due to the system, practice and theoretical aspects of reason, criminal reconciliation ofvictims rights exist in the following inadequate: one is the criminal reconciliation systemitself in scope and applicable condition is deficient, make the victim rights affected;2it is thevictim of some substantive rights and procedural rights without effective protection, theimpact of the rights of victims in criminal reconciliation the effective exercise. To this, theneed to make sure the criminal reconciliation applicable condition, expand the scope ofapplication of criminal reconciliation to achieve criminal reconciliation system oneselfperfect. In addition, we also need to increase the victim rights protection of specialized terms,enrich the victim in the rights, criminal reconciliation establish compensation system andimprove the victim compensation system, so as to realize the criminal reconciliation of rightsof victims of the perfect protection.
Keywords/Search Tags:Criminal Reconciliation, Victim Rights, Compensation
PDF Full Text Request
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