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Under The New Code Of Criminal Procedure Criminal Reconciliation System Of Background

Posted on:2014-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y CuiFull Text:PDF
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Criminal reconciliation refers to the minor criminal cases caused by civil disputes, the offender’s sincere step to repentance, and apologizes orpayseconomic compensation to the victim to voluntarily reach a settlement agreement. Basing this situation the judicial organs may, exonerate the criminal responsibility or give a lighter or mitigated punishment. Criminal reconciliation system to restore the damaged social relations and the victim rights and interests, and embodies the modern judicial principle of maintain and safeguard human rights, more conducive to maintaining social stability.China’s criminal reconciliation system in the concept of building a harmonious society and the judicial policy of tempering justice with mercy arises at the historic moment. Began in2001, the theory and practice of criminal reconciliation system has been carried on the various research, experts put forward many ideas and suggestions. In2011, the fifth meeting of the11th National People’s Congress passed the amendment of the criminal procedure law, in the fifth chapter regulate the special procedure litigant reconciliation proceedings in the case of public prosecution, it marks the official confirmed the legal status of criminal reconciliation system in our country. Relevant judicial departments have already formulated supporting criminal procedure rules and explanations which related to the detail program further regulation. While after establish of the applicable criminal reconciliation of the new system, the social people from all walks of life still continue to question the criminal reconciliation system, the system of judicial practice department have repeated research and discussion, suggest that China’s criminal reconciliation system is still very immature, needs to be further improved. This paper conducts the researchof criminal reconciliation system in new criminal procedure law; put forward practical and feasible countermeasures and Suggestions, in order toperfect the criminal reconciliation system in China to make contribution for it.The first part of this paper presents the origin and the history of criminal reconciliation and development of criminal reconciliation system in our country, provide background and lay foundation for the later study of criminal reconciliation system and perfect.The second part mainly analyzes the status quo of criminal reconciliation system in our country. There are interpretation of the existing laws and regulations about criminal reconciliation regulation, analysis the problems in juridical practice.The third part is aimed at the solution of the unsolved problem of criminal reconciliation. The main suggest is reformation from two aspects of system itself and the supporting system of criminal reconciliation system.
Keywords/Search Tags:New criminal procedure law, Criminal reconciliationSystem, researchSystem complete
PDF Full Text Request
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