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On The Elements Of The Settlement Of Criminal Reconciliation

Posted on:2018-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:M SunFull Text:PDF
GTID:2356330518992567Subject:Law
Abstract/Summary:PDF Full Text Request
Through criminal reconciliation as a way to solve disputes, not only can criminal disputes between the offender and the victim be solved, but the relationship between the offender and the victim can also be restored further.At the same time,the damaged social relations can be restored, so as to be in line with that,tempering justice with mercy is the idea of the criminal policy and constructing the harmonious society.But at present, research on the criminal reconciliation in the academic circle is still in the phase of the construction system. What's more,in criminal reconciliation,the theorical background, development process, value analysis,scope of the case,the moderator of reconciliation,the applicable conditions,etc are studied.There are few reseaches on elements of the achievement of criminal reconciliation. However,in criminal reconciliation as a way to solve disputes, how to make the parties reach a reconciliation,to finally settle criminal disputes is the ultimate purpose of criminal reconciliation.As elements of the achievement of criminal reconciliationan,the apology and the compensation of damage for damage have not received due attention in the academic circle. About the apology, what more appeares in public view is the method of bearing liability of it as a civil liability.However,about the compensation of damage,the reseach focus is also concentrated in the field of civil liability and its influence on the criminal sentencing. About two, in the practice of criminal reconciliation,there are few researches.In the paper,through the analysis of the elements of the achievement of criminal reconciliation,the relation and existing problems among the elements of criminal reconciliation were found out tentatively, and corresponding suggestions were put forward to further improve criminal reconciliation system in China and improve the rate of reconciliation.This thesis was divided into four parts.In the first part,there was mainly the deep analysis of the concept of criminal reconciliation,the basis of the rise of the criminal reconciliation and the function of criminal reconciliation in-depth analysis.Through a detailed understanding of the criminal reconciliation,the theorical basis of the elements of the achievement of criminal reconciliation in the following paper,was laid.In the second part,four elements of the achievement of criminal reconciliation were overall introduced.And with larger controversy,two elements of apology and the compensation of damage were analyzed deeply.To further understand the concept and connotation of apology and the compensation of damage .To further understand the practical situation.To further understand the specific application situation in China.To futher understand the prognostic value of the two in the promotion of procedure of the achievement of criminal reconciliation.In the third part,the existing problems of the apology in the criminal reconciliation were detailedly analyzed, such as the voluntary and the form of apology. And some suggestions were put forward for perfecting its role in criminal reconciliation. In the fourth part,the problems of the compensation of damage,which existed in the criminal reconciliation were mainly analyzed , such as the voluntary, the confession of compensation and the way of compensation about the compensation of damage. At the same time, relevant suggestions were put forward for the problems.
Keywords/Search Tags:Criminal reconciliation, Elements of the achievement of criminal reconciliation, Apology, The compensation of damage
PDF Full Text Request
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