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Reconciliation of the death penalty system build early on

Author: JiangWeiBin
Tutor: XuLanTing
School: China University of Political Science
Course: Legal
Keywords: Reconciliation of the death penalty Criminal Reconciliation The interests of victims
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 78
Quote: 0
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Abstract


The doctrine of protection of victims and restorative justice trend driven , more and more scholars realize that mere punishment is not an effective crime prevention . With the deeply rooted concept of the protection of human rights and criminal reconciliation in practice can achieve good correction effect , more and more people started to pay attention to the criminal reconciliation in death penalty cases . From the death penalty settlement system and development of the historical background of talking about , which leads to the death penalty settlement system - \the current practice of a system of relief . The article is divided into four parts : The first chapter introduces the death penalty settlement system could be expanded background and historical conditions , and then combined with the practice at home and abroad , that the criminal reconciliation with the scope of the criminal settlement system continues to expand, death penalty cases can also be applied being . The second chapter focuses on the theoretical basis of the settlement system of the death penalty and the value of its theoretical base comes mainly from the protection of the legitimate rights and interests of victims and perpetrators theory , four theories of the humanitarian spirit theory and the theory of restorative justice and criminal policy evolution theory . In addition, further information on the fair value of the settlement system of the death penalty , compensation value , economic value . The third chapter discusses the death penalty settlement system to be applicable in our country basis by analyzing the death penalty settlement system of the spirit of the Penal Code and the Code of Criminal Procedure of the conflict and fusion is further proof that the system does not overturn the original theory of criminal law , but its merging and play a greater effect . Chapter demonstrated under the existing judicial system in our country , can the principle of the scope of the case from the application of the death penalty cases , the death penalty reconciliation , reconciliation and effectiveness of the death penalty , a reconciliation body , as well as a reconciliation mode in five aspects , as fully as possible , to build criminal settlement system of death penalty cases in China .

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