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A Study On The Construction Of Chinese Criminal Reconciliation System

Posted on:2013-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:W H DuFull Text:PDF
GTID:2246330395970827Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of China’s socialist, our criminal law system will be perfected and the protection consciousness of human rights will be improving day by day. In order to adapt to the current trends for the development of socialist democracy and the protection of human rights, we are obliged to enhance the protection to the litigant both sides, especially criminal victims. Of course, there is the strong impetus for constructing harmonious society, which comes from protecting the right of the inflictors and the victim. It not only enhances the victim’s legitimate rights and interests, but also gives more saving opportunity to the aggressors. They will have a clear understanding to the true meaning of love in juridical society.At the aspect of the traditional criminal theory, there is the ideology on pursuing State power in China. The criminal justice is dominated by government, which ignored the crime victims’ rights.Lead to different damage in psychological, life and family. Criminal reconciliation is a disposition on the rights of the victims, which not only embodies the prognostic value, but also reflects its entity value. It reduced legal blindness and arbitrariness, while has a more scientific and democratic. Therefore, we must introduce advanced foreign legal system, at the same time, combined with our development situation in China, it is necessary to study criminal reconciliation. Our criminal reconciliation system will become more perfect and more realistic.Through analyzing the results of many scholars study, this article is based on exploration of victim-offender mediation, analysis its features, concept and effectiveness guarantees of system. In the first part, we focus on concepts and features, the analysis in the angle of particularities of the Chinese criminal law. The second part, my analysis rooted in the historical tradition and the current reality in China. The third part, we do discussion about elements of criminal reconciliation system, which including the main element and object element, the behavior, the subjective and objective elements. In the last part, I focus on introduction to principal guarantee in the course of the construction of criminal conciliation system.
Keywords/Search Tags:Violation heart, Criminal Reconciliation, Harmony, CommunityCorrection, Third-party organizations
PDF Full Text Request
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