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The Discussion of the Criminal Reconciliation System Building

Author: WangYan
Tutor: LiuZhongWei
School: Shandong University
Course: Criminal Law
Keywords: Criminal reconciliation Procuratorial proceedings Institutional construction Mode selection
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 71
Quote: 1
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Abstract


At the beginning of the decade, criminal reconciliation has been introduced into the Chinese jurisdiction as an alternative to traditional criminal judicial mode, which is promoted by procuratorial organ as a novel concept in juridical practice. As the response for the criminal policy of’tempering justice with mercy’ and the demand of establishing harmonious society, it has been become the focus of our society. This paper will examine the situation of criminal reconciliation trial in Shandong procuratorial organ in both academic and practical view. Author will provide several managerial suggestions for institutional construction of criminal reconciliation in procuratorial proceedings. The methodologies used in this paper are documentation, comparative research and case empirical research.The body of the article has four main parts.The first part introduces and analyses the concept,nature, and value of criminal reconciliation. The second part demonstrates the feasibility about the development of criminal reconciliation in procuratorial proceedings. Under the influence of criminal policy of’tempering justice with mercy’, which has significant legal, judicial, cultural and political foundation, the research of the adoption of criminal reconciliation will have both practical and judicial meaning for our society.In the third part, the author will use the empirical analysis to examine the current procedures as well as the positive effects and the existing problems of criminal reconciliation in Shandong province procuratorial organs based on the current situation and the typical cases. The fourth part is the core of this paper, which based on the legal supervisory and controlled function of procuratorial organs critically analyses the mode options, basic principles, the scopes, the conditions and the stage of adopting criminal reconciliation, as well as the institutional construction of criminal reconciliation. Through the analysis of the experience and problems criminal reconciliation system in procuratorate proceedings, the author intends to provide possible guidance for the legislation in this area.

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