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The Research Report Of Victim-offender Reconciliation Apply To Minority Concentrated Region

Posted on:2020-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:M Y LiangFull Text:PDF
GTID:2416330572990017Subject:Criminal law practice
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As a special procedure in criminal proceedings,the Victim-Offender Reconciliation system plays an important role in restoring social relations and helping the injurers return to society in judicial practice.Due to its unique historical and cultural practices,ethnic minority areas have many differences with non-ethnic regions in the process of applying the criminal reconciliation system,and thus have caused many problems.This paper puts forward some feasible legal suggestions for the problems existing in the specific application of the criminal reconciliation system in ethnic areas,in order to provide reference for the legal provisions of the future guidance operation.In addition to the introduction,this article consists of four chapters.The introduction briefly introduces the development process of the criminal reconciliation system in China and the evaluation of scholars,and briefly summarizes the problems arising in the application of the criminal reconciliation system in ethnic areas.The first chapter mainly introduces the sample situation and research methods of this research report.The sample case mainly introduces the geographical location,climate environment and economic development of the state of A;the research methods mainly include face-to-face interviews,access to files and big data retrieval.The second chapter mainly discusses the basic outline of the application of criminal reconciliation system in ethnic areas.Based on the summary data of criminal reconciliation cases conducted by various judicial organs in the whole state,the application status is analyzed in many aspects.Specifically,it includes the scope of application of criminal reconciliation,the type of applicable case,the proportion of applicable cases,the mode of reconciliation,the participants,and the specific content of reconciliation.The third chapter mainly points out the problems and problems that arise in the process of applying criminal reconciliation system in A state criminal cases.The issues include the compression of the applicable space for statutory criminal reconciliation,the non-standardization of third-party mediation,the excessively extensive content of reconciliation,and the alienation of criminal reconciliation;The causes of the problem are mainly divided into two major aspects.The first level is the reason at the legal system level,including the strict application of the criminal procedure law to the criminal reconciliationsystem,the influence of judicial staff attitudes and the lack of The diversified compensation model,the non-standardization of third-party mediation and the lack of state relief;the second level is the cause of economy,social and cultural aspects,including tthe economic development restricting the participation of lawyers,influence of acquaintance social model and customary law and ethnic and religious beliefs.The fourth chapter mainly proposes some legal suggestions for improving the application of the criminal reconciliation system in ethnic areas,and proposes feasible measures for the existing problems.Specifically,it includes expanding the scope of application of cases,attaching importance to the participation of judicial organs and lawyers,correctly treating criminal customary laws,improving the participation of third-party forces in mediation,exploring diversified reconciliation models,clarifying compensation standards,and improving the national compensation system for victims.
Keywords/Search Tags:Victim-Offender Reconciliation, ethnic areas, customary law
PDF Full Text Request
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