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Research On The System Of Victim's Rights Protection In Criminal Reconciliation

Posted on:2018-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q GaoFull Text:PDF
GTID:2346330533457353Subject:Law
Abstract/Summary:PDF Full Text Request
Since the 1970 s,criminal reconciliation has become a new judicial concept and judicial paradigm in the world,and the judicial practice of resolving disputes through criminal reconciliation has been widely practiced in western developed countries.In recent years,the theoretical workers in our country have begun to study and explore the criminal reconciliation system,and carried out practical activities in criminal reconciliation throughout the country.With the thought of harmonious society becoming more and more popular,the criminal policy of temper justice with mercy continues to be carried out,and the concept of harmonious criminal justice is gradually cultivated and formed.Criminal reconciliation is just formed in such an objective situation.The emergence of criminal reconciliation provides a new way of dispute resolution to the parties,which to a certain extent,in addition to punish the defendant,the more important is to seek a higher efficiency,lower cost,better effect of the dispute handling mechanism,which reflects multi-values of resolving social contradictions,protection of victims' interests,educating probation suspects and defendants and saving litigation resources.It embodies the concerns of criminal justice on the interests of victims and the reflection of criminal retribution.It also embodies the status of criminal litigation parties.To protect the dignity of the victims,victims no longer become “the forgotten people" of criminal justice.Through the dialogues between the victim and the criminal,the victim can raise his own claims,reduce the pressure of his own victims,and better protect the rights and interests of the victims in material and spiritual terms.With the continuous improvement of criminal legislation,the provisions of criminal reconciliation are also constantly enriched,but there are many flaws and shortcomings in the operation of the system and there are still many defects in the protection of the rights of victims in criminal reconciliation.Therefore,on the basis of previous studies,by reading a large number of related works and academic papers,this paper analyzes criminal reconciliation in the protection of the rights of victims of the shortcomings and causes,and puts forward the corresponding countermeasures and suggestions in order to better protect the rights of victims.This article mainly includes four chapters,about 30,000 words.The first chapter is an overview of the criminal reconciliation and the protection of the rights of the victims.Firstly,itintroduces the concept,characteristics,nature,function and the theoretical basis of criminal reconciliation.Secondly,it introduces the meaning,main features and criminal rights of criminal victims The theoretical basis.The second chapter analyzes the particularity of the rights protection of victims in criminal reconciliation and the rights enjoyed by the victims in criminal reconciliation.The third chapter analyzes the shortcomings and causes of the rights protection of victims in criminal reconciliation.In the fourth chapter,on the basis of the third chapter,the author puts forward the concrete countermeasure of perfecting the rights protection of the victim.
Keywords/Search Tags:Criminal reconciliation, victim, Rights protection
PDF Full Text Request
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