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The Value Analysis Of Criminal Reconciliation

Posted on:2012-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z L WangFull Text:PDF
GTID:2246330395963034Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Long-term since, based on retribution punishment and objective punishment on the basis of rectifying retributive justice and judicial has been worldwide criminal judicial mainstream, but, as people to crime and criminal justice issues, people found the further understanding of the traditional criminal justice many shortcomings, these abuses also causes criminal justice today predicament, this will force people to re-examine the crime and criminal justice issues, and with a new perspective to the exploration and innovation criminal judicial system. Criminal reconciliation system is in this background.Criminal reconciliation system rethink and established a clear purpose, that is, from the punishment of abstraction to the protection of concrete victims protection transformation from meet the victim to substantial benefit protection emotions change, also not too much for the aggressor’s concerns, focusing on responsibility penalty, but the interests of paying close attention to damage the repair degree. Through the use of criminal reconciliation to see, justice is a mediation, consultation process, not just a quote laws decision process. Criminal reconciliation is not the traditional criminal judicial accessories, but in retribution and corrective traditions provide people with an intervention crime for people new choice, provides a different perspective to handle and solve the crime. Can say, the use of victim-offender-reconciliation system for realizing the aim of penalty, maintain social stability has important significance.However, criminal reconciliation system and our traditional criminal law basic principles of conflict exists, the idea in the conflict on the impact on the healthy development of the victim-offender mediation. Therefore, this article on the criminal reconciliation system and further discusses the traditional criminal justice, on the basis of legal and reason from the basic connotation between seeks both the consistency, values, and from the concept of modern criminal policy, profound analysis on the rationality of the existence of victim-offender-reconciliation system for, the enthusiasm, the healthy operation of victim-offender-reconciliation system provides a strong theoretical support.
Keywords/Search Tags:Criminal reconciliation, Justice, Equality, Freedom, Efficiency
PDF Full Text Request
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