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Empirical Research on Criminal Settlement in the Phase of Reviews and Approval of Arrestments by Procuratorate of Y County

Author: YanWeiWei
Tutor: XuYang
School: Liaoning University
Course: Legal
Keywords: Inspection Institution Investigation of Arrestment Restorative Justice Victim-Offender-Reconciliation
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 29
Quote: 0
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Abstract


As the victim-offender-reconciliation, which origined from the west, implemented successfully; it works well in solve minor criminal case and mediation between different parties. Therefore, Chinese jurist seeks further localization of western reconciliation system. In addition, since Chinese government emphasizes on constructing a harmonious society and a mature legislation system, to introduce the victim-offender-reconciliation system is indispensable. In juridical practice,Chinese prosecutors are trying to find the right way to apply this system in China as well as it can successfully protect citizen’s lawful right and equity.Recent juridical prcatice showed that reconciliation of a criminal case is absolutely applicable, though slight problems still remain because of the differences between Chinese and westerns. However, we should be optimistic about this system’s future in China while keep looking for the right way to make it localized in China and applicable for restorative justice, which is widely accepted by the rest of world.Prosecutors often apply reconciliation in prosecution of a case, but there’s still sizable benefit to make a reconciliation in the stage of investigation of arrestment. Practice in this stage is not that successful since there is limited regulation about when and how reconciliation is feasible. Author suggests that inspection institutions should take reconciliation into account according to different circumstances of different cases.

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