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Concerning Criminal Reconciliation

Author: LiZuo
Tutor: ZhouQing
School: Zhengzhou University
Course: Legal
Keywords: Criminal Settlement Public Security Organs Criminal Procedure People-oriented Harmonious Society
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 56
Quote: 0
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Abstract


Sixteenth Party Central Committee for the first time made very clear, "building a harmonious socialist society" advanced concepts. "Harmonious society" is a country with "democratic rule of law, justice, sincerity, amity, vitality, stability and order, man and nature live in harmony," features all aspects of society; "people first" is the basic principle of a harmonious society. In criminal cases, criminal acts against the human and social relations, is a normal, orderly, harmonious social relations of varying degrees of damage, "harmonious society" requires the judiciary through the appropriate procedures and measures for the victim calm damage caused by criminal acts, maintenance, and repair damaged social relationships. Criminal settlement with the victims by the perpetrators to build reconciliation between the platform and provides for compensation for the victims, the opportunity to eliminate the psychological shadow, but also to achieve a better punishment, education, crime who also repaired the damaged social relations effect.Our criminal settlement system in line with current requirements of building a socialist harmonious society. Unlike other traditional criminal settlement of criminal disputes settlement mechanism, this new process to make up for the regular criminal justice process will ignore the lack of victims, to ease the conflict of interests and needs of both sides, so that was damaged by criminal acts of social relations can be repair, and this fix is a different from the "punishment of crimes, protecting the people" just punishment of the perpetrator with the appearance of repair, is a more comprehensive fix. "Belated justice and injustice," the public security organs at this stage of criminal use of a reasonable settlement, not only can quickly make victims to be compensated, so should the punishment inflicted by the parties to make fair and speedy implementation, on the other hand parties to the relationship between the victim and the harm be mitigated damaged social order can be repair, social harmony and stability maintained. Public security organs as a solution to the first procedure in criminal cases, the successful use of the criminal settlement to resolve a criminal case that means, but also a great saving of judicial resources to ease the complaints of both parties, tired, not to the victim in a complex litigation program during the re-hurt.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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