Font Size: a A A

Study On The Criminal Reconciliation System In View Of The New Criminal Procedure Law

Posted on:2014-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:B FengFull Text:PDF
GTID:2246330398955910Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The middle of the last century, a new system of criminal justice, is the criminalreconciliation system began to appear and rise in western countries. The judicial practice andcriminal legislation of western countries has had a very significant impact. Criminalreconciliation system is under the background of the concept of restorative justice, graduallyformed and gradually enrich and perfect one in order to protect the legitimate rights and interestsof the victim of a judicial system. Criminal reconciliation is also known as reconciliationbetween the victim and offender, refers to the crime after, with the help of mediator andintervention, making the victim and the offender by means of negotiations between new judicialmechanism to resolve conflicts and disputes. Nowadays, as a new criminal justice mechanism ofcriminal reconciliation system has been widely recognized. At present, our country is committedto him a harmonious socialist society, under this big background and criminal justice policyunder the guidance of tempering justice with mercy, the criminal reconciliation system widelythe domestic scholar’s attention. The new “Criminal Procedural Law” was released on March14,2012, entered into force in January1,2013. The new “Criminal Procedural Law” in fifth partswith second chapters clearly defined the scope of the criminal settlement, applicable conditions,responsibility for review and treatment principles. No doubt, the new “Criminal Procedural Law”for the criminal reconciliation system after rectification of names, there will be more and morecases go criminal reconciliation procedure. But the new “Criminal Procedural Law” of thecriminal reconciliation system provides the overall level is still relatively crude. Bureau of publicsecurity, procuratorate, court in charge of the criminal reconciliation system process how tocooperate, as well as the injuring party for compensation in the extent to which can affect thepenalty relief needs to be further detailed regulation.This paper mainly adopts comparative analysis method, the method of sociology andeconomics method, namely, by comparing the domestic and foreign theoretical research ofcriminal reconciliation, find out the weakness of domestic criminal reconciliation theory andneed to learn from experience, criminal reconciliation analysis for the construction of a harmonious society and the important significance in saving the judicial cost.The establishments of any theories are able to escape its influence and role of the times. Theauthor of the main on the criminal reconciliation of the concept and characteristics, thebackground and related theory is discussed. The author from the construction of criminalconciliation system in our country the necessity and feasibility of perspective, and then discussesthe new “Criminal Procedural Law” construction of criminal conciliation system theory. Thisauthor around the reconciliation process, the implementation of the settlement agreement andvalue concept level the various problems, and then discusses the criminal reconciliation systemof legislation. The author mainly demonstrates the perfection of the criminal reconciliationsystem of relevant supporting measures and improving the criminal reconciliation system ofsupervision in two aspects.
Keywords/Search Tags:criminal reconciliation, the new criminal procedurallaw, national compensation system, legal supervision
PDF Full Text Request
Related items