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Victim-Offender-Reconciliation in the Perspective of the Criminal Policy of Tempering Justice with Mercy

Author: WangJianJin
Tutor: ZhangNengQuan
School: Southwest University of Political Science
Course: Legal
Keywords: Criminal Reconciliation Temper justice with mercy Theory of Harmony Criminal Policy
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 239
Quote: 1
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Abstract


China is in the social transformation, social interests diversification, social contradictions complicated criminal cases also showed a high trend. For the current social situation, the CPC Central Committee proposed building a socialist harmonious society grand strategic objectives by all levels of the judiciary must carefully analyze the causes of social conflicts, maximize resolve conflicts, promote the greatest degree of harmony. To achieve the grand goal of social harmony, the CPC Central Committee put forward in the field of criminal justice, the criminal policy of combining punishment with leniency, emphasizing diversification resolve criminal disputes, the parties focus on protection of the rights and improve the handling of the case the parties' satisfaction, and promote social harmony. Focus on the rights of victims of criminal reconciliation system protection, emphasizing dialogue to resolve disputes through negotiation parties, fully restored original parties to achieve social harmony and harmonious relations. These judicial philosophy will undoubtedly fit EV harmonious society is temper justice with mercy criminal policy in the field of criminal procedure embodied. Reconciliation with the criminal proceedings in the implementation of diversion, saving the cost of justice, to meet the demands of the interests of all other systems are also worth paying attention to the judicial practice department. Have over the judiciary in its own way the judicial practice of criminal reconciliation, trying to ease the current tension judicial resources, prison overcrowding situation. However, due to the current legislation on the criminal reconciliation is no uniform standard, judicial practice department's understanding of criminal reconciliation differences also exist, resulting in the same case different treatment outcomes have occurred, it is necessary to carry out the criminal reconciliation depth theoretical study. This paper is divided into an introduction, body and conclusion of three parts, the use of a comprehensive analysis, abstraction and other methods for theoretical discussion criminal settlement system, in order for the judicial practice can be helpful. The first part is an overview of the criminal settlement, the concept of the criminal settlement, nature and background of the rise of a detailed analysis of argumentation. With the protection of human rights criminal reconciliation is philosophy, victimology, and the emergence and development of restorative justice movement began it was under the influence on the development and dissemination is an alternative dispute resolution. The second part of the value system of criminal reconciliation and theoretical basis for analysis. Procedures to achieve reconciliation with the criminal diversion efficiency of the proceedings; meet the demands of the interests of victims at the same time to take into account the offender's social reintegration assistance; promote social harmony realization value. Criminal Reconciliation System embodies the ultimate goal of national jurisdictions, and its revival has a profound cultural foundation of social harmony theory and criminal policy of combining punishment with leniency in specific areas of criminal procedure system reflects. The third part of the argument in the criminal policy of combining punishment with leniency under the criminal settlement system of reasonable construction, the cases from the criminal reconciliation system scope, applicable conditions of participation in the body, the general procedure of reconciliation, operation mode and the force of law on the construction of the criminal settlement system to conduct a comprehensive analysis and demonstration.

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