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The Study Over Criminal Reconciliation System

Author: SongDaiDai
Tutor: PanJinGui
School: Southwest University of Political Science
Course: Legal
Keywords: criminal reconciliation harmony society recovery justice
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 59
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Abstract


The criminal reconciliation is a model originated in the western world in the middle of 19th century and poked by Chinese in the beginning of 20th century. And in recent years, with the establishment of society in rule of law in China and the judicial reforms in full swing, especially after the fourth amendment of the Constitution that first time put the words“the respects and protections of human rights”into it, all of these shows the essence of the socialism and the determination of the rule of law. So it is not for the pure target about the revenges to the criminals or the national power to safeguard the society but for the maximization of the judicial resources and the deduction of the ratio of crimes that is to prevent the crimes as the end. So the criminal reconciliation system plays more and more role under the background of the harmony society. However, there is no a definite rule or articles about the CR system in the current legal system and the different practices in the different districts in China. So this paper is aimed to demonstrate the basic theories of the CR system by the analysis of the current situation and problems of the CR system in China in order to construct the primary designation for the beneficial discussion.Part one gives the definition of the CR. The CR is not similar with the plea bargain in the Britain-American legal families or the mediation in Chinese criminal procedural system that is the disputes-resolving mechanism to make the maximized benefits for both the accused and the injured. Then it introduces the background and models. With the movement of the protection of the injured in the western counties, especially the recovery justice rising, the CR fits for the demands of the times and developing rapidly. The following is the basic theories of CR. Most of the experts consider that the CR has the three roots that are the justice, the balance and the narration. Besides all, the Chinese jurisprudence mentions that the Confucianism concept of“He”would be the resource of the CR in China. Finally, the justice and efficient values of the CR. The CR embodies the civil democracy and the inner demands of the procedural justice, which is much fit for the“combination”idea of the traditional thought in the justice. So this paper demonstrates that the CR has the recovery function to fix the damages and the relationship between the accused and the injured under the harmony society in order to make the active effects in the shorted judicial recourse and the no limit increasing cases. Part two is the discussion about the current situation of the Chinese criminal mediation system and the problems. Based over the efficient context, the local judicial departments made some active explorations. For instance, the paper takes the L district in Guangdong as the sample for the mediation cases and the others in order to conclude the common characters for the application of the increasing cases and the expanding ranges as the traffic crimes and the light injured. By the data analysis, the paper gives the further current situation for the mediation as the following: the uncertain texts and the different standard for the practices which caused the unclear and confused for the ranges, the application and proceeds and harmed the parts’benefits urging for resolving.Part three is the focus of the text. Through the former demonstration and the advanced experiences, it puts forward the Chinese CR system’s designation based over the national situation and the explorations. The first thing should be the clear legislated texts for the amendment of the Criminal Procedural Law to push the CR system in China while the three articles covered the whole system. The paper gives the detail form the application ranges, the conditions and the procedures for the CR system. As the both parts like to make the CR voluntarily and the economic compensation and the apologizes form the accused to the injured with the CR agreement would be censored with the legacy and reality by the judicial departments and sent the agreement with the validity as the light punishment evidence in order to balance the appeals from the two parts.

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