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Research On The Implementation Of Criminal Settlement Agreements

Posted on:2020-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:X Q MaFull Text:PDF
GTID:2436330575493507Subject:legal
Abstract/Summary:PDF Full Text Request
Under the background of the construction of socialist harmonious society and the concept of restorative justice,the criminal reconciliation system emerges as the times require.After the occurrence of a criminal offense,the perpetrator needs an opportunity to express regret,and the victim also needs a chance to comfort the mental trauma and make up for the material loss.The criminal reconciliation system provides this opportunity:within a certain scope of crime,A bridge of understanding and communication has been established between the parties.The criminal reconciliation system makes the broken social order and individual rights and interests be solved harmoniously,and it is the best choice for the development of harmonious society.The realization of the value of the criminal reconciliation system requires the effective implementation of the criminal reconciliation agreement,and only by earn ing out the criminal reconciliation agreement can the criminal reconciliation system be put into practice.However,the construction of the current criminal reconciliation system is not comprehensive enough,leading to the implementation of the criminal reconciliation agreement injudicial practice.The relevant legislative provisions and the judicial interpretation of the Supreme people's Court stipulate that the criminal reconciliation agreement should be carried out immediately,but the reality is complex and diverse,and there are many cases of reconciliation that can't be performed immediately injudicial practice but can only be performed afterwards.In addition,in the course of performance in different circumstances,the parties concerned take different reasons to express their remorse.There are plenty of cases.Therefore,this article chooses the performance as the angle,divides into three parts to carry on the research to the criminal reconciliation agreement.The first part discusses the criminal reconciliation agreement and its implementation.Firstly,the differences between the nature of the criminal reconciliation agreement and other similar systems are compared and analyzed,and the conclusion is drawn that the criminal reconciliation agreement has the dual attributes of civil and criminal,which should be more forcefully fulfilled.Then,the performance of criminal reconciliation is analyzed,which lays the groundwork for the discussion of the different circumstances of the criminal reconciliation agreement.The second part discusses the renunciation of the performance of the criminal reconciliation agreement.The definition of stopple,the harm of stopple and the types of stopple are expounded,and on the basis of the conclusion of the first part of the mode of performance,the renunciation of different modes of performance and different degrees of performance is discussed.The case study is carried out.Based on the analysis of different cases of renunciation,find out the problems existing in the implementation of the settlement agreement,and put forward concrete and effective suggestions to lay the groundwork for the following.The third part discusses the guarantee of the implementation of the criminal reconciliation agreement.Combined with the analysis of the implementation of the criminal reconciliation agreement in the first two parts,this paper puts forward some suggestions to guarantee the implementation of the criminal reconciliation agreement from the aspects of clear legislative provisions and perfect supporting measures.
Keywords/Search Tags:Criminal reconciliation, Criminal reconciliation agreement, A renunciation of reconciliation
PDF Full Text Request
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