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On Procuratorial Supervision In Criminal Reconciliation

Posted on:2018-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:H Y RenFull Text:PDF
GTID:2346330521951322Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
For a long period of time,the criminal reconciliati on system was treated by the judiciary as a way to deal with criminal cases,and in 2012,when the Code of Criminal Procedure was amended,it was formally treated as a criminal case.The main application of the case;in civil disputes caused by criminal law in Chapter IV,Chapter V of the criminal cases,may be sentenced to 3 years imprisonment the following penalties;in addition to dereliction of duty may be sentenced to 7 years imprisonment Penalties for negligent criminal cases.At the same time also clearly stipulates that the suspect,the defendant within 5 years had deliberately committed,does not apply this procedure.This will further legitimize the criminal reconciliation system.In this paper,the author mainly on the prosecution in the criminal reconciliation in the role of positioning,to elaborate,the prosecution in the criminal reconciliation case in the process of the role of analysis.In the first chapter,we mainly describe the meaning of criminal reconciliation,especially pointed out that the procuratorial organs have applicable the model in the criminal reconciliation case and the participation of the procuratorial organ in the criminal reconciliation case to describe the important role of the rule of law in our country.The second chapter mainly introduces the scope of the case of criminal reconciliation case,the procedure of initiating the case,and the supervision and supervision of the procuratorial organs involved in the criminal reconciliation case,and thus highlights the importance of the procuratorial organs in the whole criminal reconciliation case.In the third chapter,the United States in the civil law system in France and the Anglo-American law system,for example,the prosecution in these countries the procuratorial supervision mechanism,and thus the prosecutor system in China,China's superior part of the study andadoption.In the civil law countries,such a dispute settlement method to France's criminal mediation,criminal reconciliation as the representative of the Anglo-American law system is reflected in the rich and colorful restoration of judicial practice.In addition,the plea bargaining system,which began in the United States,also began to practice among the two legal systems.These systems and practices are in line with our country's criminal reconciliation system showing a certain degree of similarity,especially in these institutions in the role of the prosecution position,worthy of our prosecutors in criminal reconciliation cases should be screened and learn from.The fourth chapter,on the prosecution in China's criminal reconciliation process,the problems to be presented,indicating that the development of the rule of law,need to constantly improve and perfect,any one reform is not overnight.On the prosecution in the criminal reconciliation in the emergence of a series of questions raised,but also that the prosecution needs to constantly improve their own shortcomings.We can see that the current focus on the role of the prosecution is not to discuss whether the prosecution is the executive or the judiciary,but to break through the limitations of theoretical research,in recognition of the role of prosecutors,to consider the prosecution's rights and obligations.The last part of the proposed prosecution agencies involved in the process of criminal reconciliation in the role of the problem,the proposed countermeasures.In the criminal reconciliation,the parties reached a settlement between the parties,then the role of the prosecution is a lighter punishment of the suspect's proposal,whether it is with the prosecution of the identity of the prosecutor;Reconciliation of the legislative intent to start,try to re-locate the role of the prosecution to put forward some views.
Keywords/Search Tags:Criminal reconciliation, Procuratorial supervision, Restorative justice
PDF Full Text Request
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