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The Dilemma And Improvement Of Criminal Reconciliation Practice

Posted on:2017-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z R WangFull Text:PDF
GTID:2356330512963344Subject:Law
Abstract/Summary:PDF Full Text Request
For a long time, in the world within the scope of the criminal justice field, the traditional criminal justice model has been dominant, this mode has many shortcomings, with The Times progress and development in the field of justice, a new kind of dispute resolution mechanisms, criminal reconciliation arises at the historic moment. It made up for the inadequacy of traditional criminal justice model, reflects the criminal policy of tempering justice with mercy,complied with the international trend of restorative justice, to effectively promote the judicial justice and the characteristics of saving judicial re-sources, get general recognition of the judiciary, to a certain extent, promote the stable development of society. With the newly revised in 2013 began the criminal procedure law, criminal reconciliation system are known as was invested in the judicial practice, you can see its effect is very significant, but there are also many deficiencies: although the current law of criminal reconciliation in the scope of application, such as the applicable objects made rules, but not specific enough, need further refinement, at the same time, and at the same time supporting facilities still need further perfect. This paper, from the perspective of current situation analysis and solve problems from an overview of the system of criminal reconcileation, the present situation and existing problems of three aspects, the innovation, applicability and problems to be settled urgently for further discussion.The first part, an overview of the system of criminal reconciliation. First, from the introduction of criminal reconciliation system in western countries began the origin and development process, extended to the process of criminal reconciliation system is introduced into our country and different stages of the judicial practice of the deve-lopment process in our country. The introduction of criminal reconci-liation system in China in the judicial practice in the specific provisions shall apply:this section will start from the scope of criminal reconciliation, and gradually to explain its specific appl-icable conditions and in different stages of the judicial the concrete applicable, at the same time after elaborated to adapt to the criminal reconciliation system may lead to different legal consequences.The second part, our country criminal public prosecution of the specific conditions of the applicable criminal reconciliation system. This part the author of the new revision of the provisions in the criminal procedure law applicable criminal reconciliation system of public prosecution of the specific processing, legislative basis of criminal reconciliation system and discusses concrete application, etc, at the same time the preliminary exploration of criminal recon-ciliation system in our country plays the role in specific judicial practice, the implementation of the criminal reconciliation system in China with the current situation and existing problems.The third part, in the process of concrete applicable criminal recon-ciliation system in China problems and Suggestions for improvement. This section on the criminal reconciliation system in the process of the specific judicial practice problems in detail, and by using the experience of advanced countries and regions at the same time, comb-ined with China's national conditions put forward the corresponding improvement Suggestions or measures shall apply.
Keywords/Search Tags:criminal reconciliation, the legislative process, origin development, apply the status quo, perfecting suggestion
PDF Full Text Request
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