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On The Implementation And Improvement Of Victim-offender-reconciliation In Our Country

Posted on:2014-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:F H WeiFull Text:PDF
GTID:2256330425472604Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal reconciliation refers to the legal appeal case, the suspect and accused person repent voluntarily and sincerely, through apologizing and compensation for economic losses to obtain the forgive of the victim, when both parties reach to the agreement, the public security organ, the people’s procuratorate and people’s court will make varying degrees treatment to the suspect and accused person. Victim-offender-reconciliation agrees with the reality that our country is in the transition period and social contradiction is frequently occurred. It’s conformed to the "strict and tolerate" criminal policy, is an essential part of harmonious society. In "Law of Criminal Procedure of People’s Republic of China "revised in March,2012, the criminal reconciliation writes in the Law of Criminal Procedure as a special procedure, strongly centralized in277th,278th and279th articles, criminal activity reconciliation system in our country can confirm in the legislation. Many problems will come in the process of implementation across many issues in the new special procedure, it’s the issue that the starting point and will-be-solved problems of this article. This article in the first part reviews the development process of criminal reconciliation system in our country legislation to confirm, And explain the provisions of the criminal settlement, Criminal reconciliation system and puts forward the current progress and shortages. Because of the criminal settlement easy to spend money on punishment, settle people misread as, etc. So in this paper the second part introduces the connotation of criminal reconciliation and core value function, through the analysis to clarify the difference between the criminal reconciliation system and related concepts, is also one of our country has adopted the system of interpretation. And for better implementation and improve the system as a theoretical foil. In the third part it is mainly about the implementation and improve the system of the idea, before you put forward the proposal of extraterritorial criminal reconciliation made a comb and reference, then from the implementation of the criminal reconciliation in China should follow the basic principles, scope of reconciliation case step-by-step enlargement and problems which should be in process should pay attention to three aspects by the views of the author.
Keywords/Search Tags:Victim-Offender-Reconciliation, Present Law of CriminalProcedure, Connotation and function, Implementation and improvement
PDF Full Text Request
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