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Criminal Reconciliation In The Perspective Of Game

Posted on:2014-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:C R TongFull Text:PDF
GTID:2256330401487923Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Criminal reconciliation is a criminal mode at the basis of reconciliation,apologyand resipiscence. And it is developed from the fully reflection of the weakness of thezero-sum Game of the criminal suit. This mode effectively improve the Prisoner’sDilemma and achieve the balance of non-zero-sum Game from the opposition tocorporation. It is a Criminal plural remedy system radically promote litigant’shappiness.Criminal reconciliation is the country meet citizens under the premise ofindividual rationality, fit and preference, the best strategy in a strategy that nations andindividuals all have no change or deviation from the motivation, so as to realize thesocial harmonious order maintenance, the purpose of advancing the rule of lawprocess. And also can through the criminal reconciliation between the offender andthe victim to resolve grievances, fast smooth disputes, to avoid the conflict upgrade,the traditional zero-sum game of criminal procedure, criminal reconciliation has therepair the social relations, suffer emotional recovery, avoid crime labels, is a pattern ofmutually beneficial and win-win cooperation.This article first chapter of the game theory analysis under the perspective ofcriminal reconciliation summary, mainly introduces the analysis of the backgroundand significance, research methods and the conception and innovation of article.The second chapter compare of traditional criminal proceedings and criminalreconciliation.Comparisons between the Traditional Criminal Procedure and theCriminal Settlement.The traditional criminal procedure emphasizes the legallyprescribed punishment for a specified crime and righteous procedure, commits to theimposition of the retributive punishment, which is a typical zero-sum game. Thecriminal settlement, however, strives to dispose disputes harmoniously and to pursuethe win-win results, which is the non-zero-sum game. The comparisons of the gamesubjects, game profits and game equilibriums between them provide a positiveguidance in the criminal legislature on clarifying the boundary, determining the scopeand better developing the advantages.The third chapter game influence factors of criminal reconciliation. Criminal reconciliation of the non zero sum game are such as communication, settlement ofvarious factors such as motivation, need to be considered properly after improvement,in order to improve the applicability of the settlement, the stability of the equilibriumand form cooperation.The fourth chapter construction of criminal reconciliation "game rules". First isto establish the basic principles of criminal reconciliation. Secondly should establishthe subject status of the criminal reconciliation. Finally, applicable range andconditions of the establishment of criminal reconciliation and criminal reconciliationrules start the program, confirmed the legal validity of criminal settlement agreement.ing the advantages.
Keywords/Search Tags:Criminal reconciliation, Criminal suit, Game, Balance
PDF Full Text Request
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