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Research On Juvenile Criminal Reconciliation System

Posted on:2018-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:H W YuFull Text:PDF
GTID:2336330515455546Subject:legal
Abstract/Summary:PDF Full Text Request
Criminal reconciliation belongs to the product which under the guidance of the concept of restorative justice,at the beginning of the produce is only applicable to crime,then through continuous development,gradually include in the field of adult crime.In contrast,the characteristics of the minor crime,it is found that it has a variety of causes of crime,easily impulsive,criminal motives are simple and plasticity,which determines that we should give more adult tolerance and understanding.Even if the minors embark on the path of crime,we should also keep the principle of education,probation and rescue,giving them the opportunity to on the right path again,try to keep them from prison,and learning knowledge,learning skills to survive in the normal social,therefore we can't with traditional criminal justice concept to treat minor criminal cases,in line with the principle of"education-based,punished as a supplement" to deal with minor crime cases,this is a minor criminal reconciliation should have the meaning.The criminal reconciliation in China compared with western countries,the development is relatively late,and the existing criminal reconciliation system does not consider the characteristics of the minor crime as well as the development trend of the minor crime,so the criminal reconciliation in China has not adapt to the field of minor crime,there are many improvements.Based on the analysis of the concept,characteristics of minors' criminal reconciliation system and the description of the theoretical basis,this paper investigates the concrete practice of the "victim-victim mediation" model of the civil law system and the Anglo-American law system.by analyzing the current situation of criminal reconciliation in our country,and then compare the analysis ofChina's deficiencies,on the basis of this puts forward a perfect suggestion.In the criminal procedure law to establish independent juvenile criminal reconciliation system,including the applicable scope,application procedures and so on,secondly to build our country's education disciplinary system to adapt to the current our country minor crime's characteristic and the trend of development.Finally,the normative action of the judicial organs,so that minor criminal reconciliation procedures do not have to pay compensation as a necessary element of the success of reconciliation.
Keywords/Search Tags:Criminal reconciliation, Underage victim, Restorative justice, Education disciplinary action
PDF Full Text Request
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