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The Present Situation And Suggestions Of The Criminal Reconciliation System In The View Of The New Criminal Procedure Law

Posted on:2018-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:W LiuFull Text:PDF
GTID:2346330536469126Subject:Law
Abstract/Summary:PDF Full Text Request
After many years of practice and exploration,the criminal reconciliation system has become a part of our judicial system.as a practical attempt of judicial reform,it is an adaptation to the criminal policy of temper justice with mercy and the background of constructing harmonious society,to maximize the protection of the interests of the victims in criminal justice and the offender to return to the two goalsof society.especially in our country in 2012 the newly revised ?Criminal Procedure Law?will be included in the scope of criminal reconciliation specification,formal name for the criminal recondiliation system,criminal reconciliation system in to a new era of unified and standardized operation.But also to see clearly,it has taken a positive and prudent attitude,the current regulations have focused on general principles,but also the lack of uniform standards,all in practice will encounter various problems,exploration in both theory and practice still have a long way to go.This paper starts form the concept of criminal reconciliation,it reviews the development in our country and the corresponding legal basis,introduces the development situation of the United States?Britain?Germany?New Zealand and other western countries and its Enlightenment to china.Taking Chang shou District of Chongqing city as an example,this paper makes an investigation of its practice,summarizes the characteristics of the changes in six aspects,analyzes the reasons of the system level,and probes into the value of the implementation of the criminal reconciliation system.can effectively promote the offender to return to society,effectively compensate for the loss of victims,effectively improve the efficiency of justice,effectively alleviate social contradictions.As well as easy to appear “money to buy punishment”,abuse of power,voluntary difficult to protect the problem.Put forward to improve the relevant legislation,the establishment of a variety of compensation mechanisms,improve the system,we must strengthen supervision,the establishment of third party neutral organizations involved in criminal reconciliation and other related recommendations.
Keywords/Search Tags:Criminal reconciliation, Outstanding problems, Institutional construction
PDF Full Text Request
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