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Research On Problems And Countermeasures Of Criminal Reconciliation System

Posted on:2017-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:L F TangFull Text:PDF
GTID:2296330482496278Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the idea of building a socialist harmonious society has been widely used in our country and practiced in the concrete system design. In such a situation, we need multiple methods to solve the criminal disputes and the generation of the criminal reconciliation system which provide a new opportunity for the judicial practice and more and more people’s attention. Traditional criminal procedure has not considered the idea of the victim and the requirements of this defect, just by the system to make up for. The system of criminal reconciliation is to solve all kinds of criminal disputes through the way of communication and negotiation between the parties. This way reflects the ease, autonomy and mutual benefit of the system. The new "Criminal Procedure Law" in March 14, 2012 formally introduced in January 1, 2013, the implementation of which, incorporating a criminal settlement system and provides its scope of application, conditions and principles of treatment. This provision provides a legal basis for the judicial department to deal with criminal cases in practice and points out a new direction for criminal judicial reform. But because of the criminal reconciliation system has just incorporated legal system, imperfect system, unable to do without a flaw. So we should not only create a scientific system of criminal reconciliation, also want to see the program of the system is not clear, the lack of operation and related ancillary facilities has not yet been established,.All these need in the future practice in a step by step solution.This paper mainly to the exploration and practice of Huaihua City. The relevant organs as the angle of view from how to implement the new code of criminal procedure, and can correctly display is the value of the criminal reconciliation system of using a variety of methods, truthfully card, statistics and case analysis, Huaihua City exploration of criminal reconciliation system and the practical effect is introduced and accommodation of criminal reconciliation system to explore the existing problems. If applicable efforts are generally small, the scope and conditions are not allowed to grasp. To lax review of the settlement agreement, treatment is not standardized. These problems are rooted in law enforcement idea lag. System is not perfect and applicable insufficient driving force. Therefore, based on these problems and reasons, this paper puts forward some ideas from some aspects.
Keywords/Search Tags:Criminal reconciliation, Tempering justice with mercy, Criminal disputes, Scope of application
PDF Full Text Request
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