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On Expert Conclusion Of The Dispute Resolution Mechanisi

Posted on:2014-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:L N HouFull Text:PDF
GTID:2266330422966584Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The world today there are more or less conventional criminal justice disadvantages,such as the status of victims in the proceedings activity easily be ignored, national crimerate continues to rise and so on, which makes the country the judiciary and the theoriststo reflect on this issue thus, the criminal reconciliation system generates. This system isnot designed for the pursuit of the greatest criminals punished, but stressed that therestoration of social relations. In the criminal settlement, the victim’s status wasrepositioned in previous criminal proceedings blindly led by the judicial proceedings ofthe situation is broken, the victim is also pushed to the foreground from behind thescenes, this shift is more conducive to protecting the rights of victims so that victims andperpetrators through dialogue reached a settlement agreement, the final settlement of theconflict, maintaining social stability is conducive to the implementation of the criminalpolicy of combining punishment with leniency.Everything is in the twists and turns ahead, the application of criminal reconciliationis no exception, because China’s current criminal settlement system is not mature enough,coupled with our local criminal settlement system needs to be further integration ofresources, China’s judicial practice application of criminal reconciliation appears more orless problems for theorists proposed a variety of views on this phenomenon. The authorof the current criminal settlement system in-depth analysis, which pointed out theshortcomings and improve accordingly proposed a series of measures, including in thecase of criminal reconciliation scope of applicable methods, application phase, programdesign and other aspects of system design. I believe in the near future, after beencarefully constructed system of criminal reconciliation will increasingly being applied tojudicial activities go, so more conducive to realistically resolve the case disputes, restoresocial relations and eventually led to China’s socialist harmonious society.
Keywords/Search Tags:restorative justice, criminal reconciliation, retribution justice
PDF Full Text Request
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