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Analysis of Criminal Reconciliation

Author: LiChao
Tutor: GuYongZhong
School: China University of Political Science
Course: Legal
Keywords: Criminal Reconciliation Restorative Justice Spend money on punishment Criminal culpability adapt
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 93
Quote: 0
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Abstract


Under the CPC Central Committee proposed building a socialist harmonious society, background, criminal as a criminal dispute settlement mechanism to resolve innovative ways , came into being in practice , and gradually attracted widespread attention theory and the judiciary . Criminal settlement to resolve criminal cases provides a new way, but as a new system which is attributable to its advanced features , also encountered a number of practical and theoretical problems, such as crime and criminal legal conflict reconciliation and , to adapt to conflict with the principle of punishment , in violation of the Criminal Code applies to spend money on an equal punishment may cause negative social impact , etc. These problems have to be solved. From this sense, the criminal reconciliation theory with practice, research and study has important practical significance. This article discusses the reference information on domestic and international criminal reconciliation on the basis of our country 's criminal settlement proposed to make the concept more in line with China's actual conditions , and characteristics of the criminal settlement and realistic features do the basic introduction and discussion . Then look for the theoretical basis of the criminal settlement by the methods of historical research in criminal theoretical basis for reconciliation to build absolutely can not ignore the influence of traditional harmony of culture, harmonious society theory and criminal policy of temper justice with mercy but also for the criminal reconciliation provided strong support for our criminal reconciliation and restorative justice , although there is no direct inheritance relationship, but the two systems reflect similarities in values, our criminal reconciliation can draw useful ingredients. Criminal reconciliation and final settlement from the legal perspective of legality , guilt and punishment fit the criminal law applicable to the conflict theory of equality and put forward some possible solutions from the practice to better advantage of the capabilities of criminal reconciliation. Our criminal reconciliation is to solve practical problems , a criminal justice measures developed from practice, has not yet formed a specific system. Criminal reconciliation traditional cultural harmony , harmonious society theory and criminal justice policy of combining punishment with leniency as a theoretical basis. While generating criminal reconciliation and restorative justice abroad is not directly related , but there are similarities between the two concepts embodied , and restorative justice has advanced, our criminal reconciliation can learn to improve their own rational component defects . Criminal reconciliation as a new design of the system , in theory , in practice there at the shortcomings, but these problems can be through with its own characteristics , useful experience from abroad to be addressed . I believe that our criminal reconciliation will be able to grow up in the course of academic study and practice of grass-roots , eventually forming a rational system for resolving social conflicts and promote social harmony play a more active role.

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