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Research Of The Procuratorial Organs Applies To Criminal Reconciliation

Posted on:2015-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2296330422482941Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal reconciliation as a new type of crime disposal mechanism, looking for arelatively calm rather than a fierce fight against the criminal dispute settlement.It is helpful tothe construction of a harmonious society in politics, comply with the criminal policy oftempering justice with mercy,and complied with the concept of "restorative justice".In thejudicial practice, procuratorial organs as the leading to actively explore the workingmechanism of criminal reconciliation.In2012, the criminal procedure law,Judicialinterpretation,a trial basis rules issued by the procuratorate and procedure rules of the publicsecurity organ have issued,participate in the conduct of the criminal reconciliation ofprocuratorial organ the specification.Since the pilot of procuratorial organs for criminalreconciliation,it has been widely attention of theoretical and practical circles.On the one hand,because of the procuratorial organ as the pioneer of the criminal reconciliation in exploringand main force, it explored in the process of criminal reconciliation on a trial basis in a seriesof meet the needs of the reality of working mechanism and basic settlement patterns.On theother hand, based on the particularity of procuratorial organ function,the implementation ofthe criminal reconciliation generated controversy.In addition, the criminal reconciliationsystem development is imperfect,mechanisms are also flawed.These reasons hindered thepace of the procuratorial organs to carry out the criminal reconciliation work smoothly andthe role of the procuratorial functions.Full text is divided into four parts: The first part, based on the institutional reasons ofprocuratorial organs take the lead in exploring to promote criminal reconciliation, explore theprocuratorial organs to participate in the theoretical basis of criminal reconciliation, andanalyze the procuratorial organs on the criminal reconciliation system is an irreplaceable role.The second part, combing the current law of procuratorial organ participating in theprovisions of the criminal reconciliation, and analyze the main body of the criminalreconciliation. Explore the procuratorial organs in the plight of the criminal reconciliationprocess.For example, the procuratorial organs in criminal reconciliation as a question-mastergenerated controversy. The third part, analyse the question of the public prosecutors, anddemonstrate the rationality of the procuratorial organs as a question-master. Moreover,analyse the role of procuratorial organs in criminal reconciliation, in order to eliminate theprocuratorial organs of the dilemma.The fourth part, complete the work mechanism ofprocuratorial organ specific involved in the criminal reconciliation, in order to make theprocuratorial organs to give full play to the function.For example, solve the criminal and the function of building a harmonious society.
Keywords/Search Tags:Criminal reconciliation, Procuratorial organs, Public prosecution, Supervisionfunction
PDF Full Text Request
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