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On Criminal Reconciliation Applicable Prosecution

Posted on:2013-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhaoFull Text:PDF
GTID:2266330395990905Subject:Law
Abstract/Summary:PDF Full Text Request
The so-called criminal reconciliation, it is to point to in criminal lawsuit process, after the crime occurs, injures step to repentance, apologies, by way of compensation for the victi-ms of forgive, party both sides reach criminal reconciliation agreement, finally specialized sta-te organs, be given a lighter or be exempted from punishment for injures, it shall be investgat-ed for criminal responsibility not a kind of system. A criminal reconciliation for the victim ha-ve the function of curing the victim’s hurt, recovering the damaged social relation, repair and victims of the rift between knowing effect and help further to turn over a new leaf, knowing to return the society. Criminal reconciliation is a kind of new case-handling way, it is the judicial authority in the new situation after long-term handling of exploration is summarized out, it is the current implementation of the policy of "tempering justice with mercy" carry out, one of the important ways, to alleviate social contradictions and the construction of socialist harmon-ious society has important theoretical significance and practical significance.Especially in the examination and prosecution stage, all over the country’s procuratorial organs on the criminal reconciliation worked out a detailed provisions, and shall be used in practice, and good effects were obtained. But because the research of the theory of criminal reconciliation is still in just the beginning stages, theoretical circles on the criminal reconciliation have different understanding, judicial practice of criminal reconciliation around procuratorate also have different regulation, this unity to apply criminal reconciliation brought confused, caused confusion.So, theoretically, the prosecution to deepen the understanding of the stage criminal reconciliation, can work out the unified criminal reconciliation standard, the criminal reconciliation, standardization and legalization programmed into the process, it is urgent. This paper in line with the above goal, tries to examine Sue stage from the Angle of view of the country at present of procuratorial organs for criminal reconciliation on the current situation and existing problems were analyzed and discussed, and based on this, puts forward the procuratorial organs applicable criminal reconciliation between the perfect measures.This paper, besides the introduction and conclusion, is divided into four parts.The first part, the procuratorial organs for an overview of criminal reconciliation. This paper from the scholar of criminal reconciliation of the different definitions of the concept, summarized the characteristics of the criminal reconciliation, and then from the Angle of more narrow sense, extend a procuratorial organs for the definition of criminal reconciliation. Then the procuratorial organs applicable criminal reconciliation on the characteristics of the review and summarize.The second part, the part of the main through the current our country procuratorial organs practice of criminal reconciliation for inspection, to introduce applicable criminal reconciliation around some of the basic circumstances of the local criminal reconciliation in the process of practice for out of some to make a simple analysis.The third part, is the key part in this paper. Mainly from the procuratorial organs of the applicable criminal reconciliation scope of cases too conservative;The procuratorial organs in criminal reconciliation positioning function of fuzzy; The procuratorial organs for handling the criminal reconciliation of unity; The procuratorial organs of the reconciliation of case supporting measures and so on four aspects the analysis of the current procuratorial organs applicable criminal reconciliation existing problems.The fourth part, is the difficulty of this part. Tries to from four aspects to the procuratorial organs criminal reconciliation is the problem of the perfect:Appropriate to expand the procuratorial organs applicable scope of cases of criminal reconciliation; The procuratorial organs applicable criminal reconciliation to functional positioning;Improve procuratorial organs for handling the criminal reconciliation;Improve procuratorial organs for criminal reconciliation of subsequent supporting measures.In this article, through the analysis of the current procuratorial organs applicable criminal reconciliation problems in it, and put forward the corresponding solution, thus for procuratorial organ for examination and prosecution stage of criminal reconciliation provide useful reference and reference.
Keywords/Search Tags:Criminal Reconciliation, Procuratorial Organs, Review And Prosecution
PDF Full Text Request
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