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Criminal settlement system and the system applicable in our judicial practice

Author: SunZhuoRan
Tutor: PanQin
School: China University of Political Science
Course: Criminal Law
Keywords: Criminal Reconciliation Criminal Mediation Restorative Justice
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 387
Quote: 1
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Abstract


This paper studies the criminal reconciliation system and its applicability in our judicial practice. Criminal reconciliation as a mechanism to resolve criminal disputes, more and more people to accept, especially in recent years, with my temper justice with mercy criminal policy, proposed to build a harmonious socialist society slogan the criminal reconciliation gradually judiciary application judicial practice, however, what is criminal, criminal reconciliation reconciliation whether to adapt to the requirements of our current laws, what is the value of the criminal reconciliation for criminal legal basis for reconciliation is social Mody, criminal reconciliation issues in China's judicial organs work, how to apply China's laws and regulations do not have a clearly defined theorists in defining the definition of criminal reconciliation system, the scope of the application of criminal reconciliation, as well as criminal reconciliation in the judiciary on how to apply also failed to reach a consensus paper from whether the criminal reconciliation system in line with our current legal requirements and the system to study how two major problems in our judiciary applies the current judicial practice, the application of criminal reconciliation in order to resolve criminal disputes, safeguard the legitimate rights and interests of the victim to protect the interests of criminal suspects be beneficial . The total is divided into four parts. The first part is an overview of the criminal reconciliation, mainly talking about two issues: First Criminal reconciliation body awareness, legislative overview and patterns of criminal reconciliation system is the major Western countries. Through the introduction of criminal reconciliation of body awareness, to clarify the concept of criminal reconciliation, the difference between the historical origins of criminal reconciliation and the criminal reconciliation with criminal mediation, criminal reconciliation and restorative justice and other similar concepts, a more intuitive understanding of what is criminal reconciliation Development Description and mode of the major Western countries, through the introduction of criminal reconciliation system for China's judicial organs in the application of criminal reconciliation system to provide reference. The second part of the criminal reconciliation the value embodied and feasibility analysis. Major topics of the two aspects: First, the the criminal reconciliation of value reflected criminal reconciliation feasibility analysis. Social value of criminal reconciliation, the introduction of legal value, through the introduction of criminal reconciliation in line with China's traditional culture and thought compatible with the concept of China's criminal law, policy ideas and penal basic principles of criminal reconciliation in our application has a legal basis, the basis of facts, compatible with our legal system, in line with China's national conditions. The third part of the criminal settlement applicable to the current situation in the judicial practice and cause problems. This section describes the the criminal reconciliation existence of legal basis, over the use of criminal reconciliation and caused life to spend money, spend money to buy the criminal inequalities, introduction abuse of judicial power, clarify the criminal reconciliation for our judicial system, criminal The reconciliation does not raise issues of inequality the criminal reconciliation can be applied to a felony. The fourth part of the criminal reconciliation system set in contemporary China in the criminal justice system. In this paper, the construction of the system of criminal reconciliation system, criminal reconciliation in the introduction of a specific stage of the litigation, and criminal reconciliation system should be clear in the legislation, to determine the subject of a criminal reconciliation, the criminal reconciliation of range, Criminal reconciliation applicable conditions, in principle, range of criminal reconciliation in various stages of litigation the parties rights and obligations.

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