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Reflections on death penalty cases, the applicable criminal reconciliation

Author: ZhaoBin
Tutor: LiuRenWen
School: Graduate School of the Chinese Academy of Social Sciences
Course: Legal
Keywords: Death Case Criminal Reconciliation Sentencing
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 122
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Abstract


Criminal reconciliation can be retrospected to the judicial reform and attempt of judicial area between 1960s and 1970s, which infuse a brand-new concept into the theory research and judicial practice of criminal justice. Criminal reconciliation can better balance the relationship among nation, offender and victim. This system has got successful practice in western countries, thus, thoriests, and personages who holds pragmatic views are attracted. At present, some beneficial probe, whose results are indicated positive to some extent, has been conducted in some areas of China . Misdemeanor cases which are applicable for criminal reconciliation, have been popularized. However , there are still plenty of doubts whether felony cases, especially death penalty , is suitable for criminal reconciliation .According to the principal that theory serves reality , the passage attaches great importance to settle some suspicion whether criminal cases are suitable for criminal reconciliation or not. Also, a series of legal concepts have been proposed in connection with system barrier of penal reconciliation.PartⅠThere are still plenty of doubts whether felony cases, especially death penalty , is suitable for criminal reconciliation . there is mainly the following respects:(a) A death case for criminal reconciliation is applicable to all the death penalty charges or part criminal charges?(b) Whether a death case is for criminal reconciliation equates“spending money for money”?(c) Whether a death case for criminal reconciliation will aggravate the judicial corruption?(d) Whether the death case for criminal reconciliation violates the principle of legality?(e) Whether a death case for criminal reconciliation in criminal law theory can find causes?PartⅡ, mainly to make a death penalty case is suitable criminal reconciliation scientific and orderly, and eventually eliminate people to a death penalty case applicable criminal reconciliation doubts on the entity and procedures, the perfect has the following ideas:(a) Injures sincere, actively compensation and get the victim’s understanding, the two sides reach a settlement agreement .As a result ,this will help injures and victims,saving judicial resources, setting up the judicial authority and curbing corruption in the judiciary.(b) Extending a death case litigation period.(c) Establishing a compensation system of death penalty case for criminal victims. Expounding the necessity of establishing the system,the application period and requirements, the amount of compensation and sources of funds.

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