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Construction of Criminal Reconciliation System

Author: LiuDi
Tutor: XuWeiMin
School: Shandong University
Course: Legal
Keywords: criminal reconciliation basic principles range of case participants program construction
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 43
Quote: 0
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Abstract


The criminal reconciliation system has gradually become one kind of trends in the world, judicial practices are also carried out some useful exploration in China. Many local jurisdictions are trying to put in practice to use it to resolve many criminal disputes, and has achieved positive results. This dissertation focuses on the construction of criminal reconciliation system in China,based on the existing academic achievements and empirical investigation.This dissertation consists of six parts:The first part is on the definition of criminal reconciliationt. Through the study of the concept of criminal reconciliation, as well as the divisional to other related concepts, we can have a better grasp of this concept. Meanwhile, together with the discussion of construction of the harmonious society and the criminal policy of tempering justice with mercy, as well as the objective repairer of judicial practice.The second part refers to the necessity of constructing criminal reconciliation system with chinese characteristic.It’s helpful to construct harmonious society and to implement the criminal policy of temper justice with mercy,and meet the need of justice practice.The third part is on the basic principles in the process of building criminal reconciliation system in China.In my point of view,four basic principles should be strictly adhered to,which include:reconciliation by law, equality and voluntary, protection of public interests and no aggravated punishment if reconciliation failed.The fourth part is the study of the range of the case as well as the applicable conditions of criminal reconciliation, the pros and cons of the range of case will be discussed. The range of cases does not equal with the qualification of criminal reconciliation, it also shall match some corresponding conditions.The fifth part explores the participants of criminal reconciliation, respectively discusses the role of these bodies.The six part is on the basic elements of constructing the criminal reconciliation system from the discussion of the significance of program construction of criminal reconciliation, the application of the stage of criminal reconciliation to the specific procedures. In the part of the specific procedures, the following aspects should be considered:the reception and the review, starting the program, program operation, judicial review and rights remedy.Though writing the dissertation, I learn a lot from many scholars’ academic achievements, at the same time, because of the restriction of my academic capablity, the inadequacy of this dissertation is obvious and unavoidable, and I am looking forward to learn more in the future to improve the study of criminal reconciliation system.

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