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The Applicability Of Criminal Reconciliation System In The Juvenile Delinquency

Posted on:2017-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:R LiFull Text:PDF
GTID:2336330512962578Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal reconciliation procedure in the new Criminal Procedure Law of the People's Republic of China of 2013 has made people pay attention to the application of criminal reconciliation procedure in minors.And the discussion of different opinions has become more and more fierce.Compared to adults,juveniles have their own psychological and physiological characteristics.Because of that,when we discuss the application of criminal reconciliation procedure,it can't fit all situations.At present,there is a lack of particular law or legal regulations about the application of criminal reconciliation procedure in juvenile delinquency,which leads to the lack of application standards in juridical practice.This thesis is divided into six parts.Part one refers to the juridical practice in China,especially the current situation of the implementation of criminal reconciliation in minor criminal cases.And the second part is about the current situation in legislation.By interpreting the regulations of criminal reconciliation in the new Criminal Procedure Law of the People's Republic of China,we can analyze the legislation problems on the application of criminal reconciliation in minors.As for the third part,we discuss the theoretical basis,elaborating the concepts as to why we should apply criminal reconciliation to juvenile delinquency.In the fourth part,through analyzing the experience and features of the application of criminal reconciliation in minor criminal cases abroad,we can get some inspiration when we establish a system.The fifth part lays special stress on analyzing the practical problems when we apply the criminal reconciliation to minor criminal cases.At last,in the sixth part,under the guidance of the concept,knowing the practical problems on the application of criminal reconciliation in minor criminal cases in China,and with the experience learned from foreign countries,we can design a system to apply criminal reconciliation in minor criminal cases in the aspect of application scope,procedure,stage and participants,so that we can offer some advice for improving the system of criminal reconciliation in juvenile delinquency.
Keywords/Search Tags:judicial practice, legislative status, theoretical basis, comparative study, system improvement
PDF Full Text Request
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