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Modern Redeeming System Exploration

Posted on:2014-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z M HaoFull Text:PDF
GTID:2296330425979365Subject:Punishment law
Abstract/Summary:PDF Full Text Request
Trend of international criminal law is more and more tend to light punishment, andrestorative justice in the world has become more and more popular and certainly, the samesituation in China. The influence of the penalty retribution theory in original countries beganto weaken, the trend of the criminal reconciliation has become more and more obvious, andscope of application is becoming more and more widely. However, some scholars worry thatthe criminal reconciliation be changed into redeem punishment by money, and some scholarstry their best to defend criminal reconciliation to keep it away from money to redeem. On thecountry, author doesn’t think money to redeem punishment is bad, to protect the rights of thevictim and establish modern redeem punishment system, the development of light punishmentof criminal law and the victim and the defendant’s rights are beneficial. In the traditionaltheory of criminal law, what criminal damage is that the rules of govern, but the presentcriminal law theories pay more attention to the victim, realizing The most serious damage bycrimina are the victims, so the theory increasingly accept. In reference to our ancientredemption punishment, and establish modern redeem punishment system, which improvesthe victim’s status, enhance the credibility of criminal law, and is good for organizingharmony society.But today most people still believe that the trend of reducing punishment by money iscaused by the redemption punishment, but the author thinks that view is not comprehensive,they don’t recognize the role of the redemption punishment. The author thinks the reason isthere is no feasible system contributed to the prevalence of these practices. In reference to ourancient redemption punishment, and establish modern redeem punishment system, in order tosolve the difficulty of not getting reasonable compensation and improve the victim status. Atthe same time, from a certain extent, curbed the ethos has certain positive significance.Author give a brief analysis on Why the author from establishing modern redeempunishment, how to establish the redemption punishment and redeem punishment applicablefor ways to do a preliminary exploration of modern redeem punishment system, and themodern redeem the meaning of the sentence are discussed briefly.
Keywords/Search Tags:Modern redeem punishment, The victim, Restorative justice
PDF Full Text Request
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