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Rethinking Of The System Of Victim-off In Sight Of The Case Pan Hong Jun Cause Death By Negligence

Posted on:2014-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z S HanFull Text:PDF
GTID:2296330425978661Subject:Punishment law
Abstract/Summary:PDF Full Text Request
In order to adapt to the development of modern society needs and criminal judicialpractice which is facing a series of sharp problems.Through a new national amendment ofcriminal procedural law,criminal reconciliation system has rise to national law from the localcase practice. It provides a uniform universality legal guidelines for the similar cases, whichwill reduce unbalanced regional differences among the similar cases. At the same time,everycountry is dramatically changing within the scope of criminal law concept, which graduallypunished towards to the new trend of development of rolling. With the further developmentof our country to open to the outside,.Economy, politics, culture and other aspects, especiallyon the economic field are fully contact to others which leads to increasing foreign criminalcase,.The criminal reconciliation system can be established to adapt to this changing trend,which increases resolving a way of the contradiction for the disputes.On the other hand,thus draws so much disputes and questions. In general people’seyes,the criminal reconciliation system is set up for the rich and it is a convenient channelthat money can relieve responsibility and even escape punishment which is social justice.However from the professional point of view, most legal professionals and judicial personnelor hold this system for attitude,for example,some lighter harm social criminal cases canquickly resolve contradictions, and save the limited judicial resources, which is helpful toachieve the purpose of building a harmonious, peaceful and ordered community through thissystem. This paper hopes to clarify "criminal reconciliation system and the advantages anddisadvantages of popular from the perspective of" loss "commutation of differences throughthis system of the origin and development of the interpretation. Finally,there are a bit of usefulSuggestions on the criminal reconciliation system to further improve.Other than the introduction and conclusion, the paper is divided into six parts:In this article, the first part is Case Profile, which leads to the theme of criminalreconciliation through the solid case’s use and effect of the criminal reconciliation.The second part is the outline of criminal reconciliation which introduces the concept ofcriminal reconciliation, the Criminal Reconciliation value oriented, and the distinctionsbetween narrow and broad definition of the Criminal reconciliation in the CommonLaw,which includes the centralized concrete form of Criminal Reconciliation.The third part is the understanding of criminal reconciliation system from theinternational view, to explore the root causes of the criminal reconciliation in a foreign country, and foreign criminal justice Crime and Punishment new views and attitudes with thedevelopment of the times. It also elaborates the victims movement of modern times whichdues to the excessive focus on the perpetrators of criminal law abroad triggered the rise andthe profound reflection.The fourth part is the analysis of the applicable conditions of the criminal reconciliationin our country. Mainly,it illustrates the similarities of the "mediation" in China’s ancienttimes and the criminal reconciliation "system today with the new situation of this moderntrend through social and ideological point of view,The fifth part interprets the necessity and rationality of the current application ofcriminal reconciliation by discussing the status quo of China’s Criminal ReconciliationSystem.Part VI is the recommendations of improvement of criminal reconciliation system,which mainly focuses on the applicable principles,the steps required in the current criminalreconciliation,the supporting measures related, as well as the regulation of substantivecriminal law.
Keywords/Search Tags:Victim-Offender Mediation on Criminal Matters, Loss reduction, Mediation system
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