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Discussion on Criminal Reconciliation Institutioon of China’s Mode

Author: SunJingFeng
Tutor: LiRenFu
School: Jilin University
Course: Legal
Keywords: Criminal Reconciliation Restore justice Interests of victims Building
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 127
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Abstract

For a long time, the traditional criminal justice to non-reconciliation approach has been regarded as the best way of dispute resolution. Prosecution by the state, it is necessary to punish the perpetrators, but the practice has proved that not all criminal penalties will have a good social effect. For certain crimes, reconciliation approach, so that the two sides to reach an agreement in the peace of mind, to resolve disputes, resolve conflicts, long-term stability is more conducive to social. Criminal reconciliation as a new dispute resolution, with its unique charm to attract us to pursue her criminal reconciliation in offender pleaded guilty and on a voluntary basis by the victim, and to talk directly to the perpetrators and victims, consultation, and finally by offender apology, compensation, the two sides reached a settlement agreement, the specialized agencies of the State will no longer pursue the perpetrators of criminal responsibility, or the basis for a system of reconciliation the result of a lighter or be exempted from punishment. The Criminal Reconciliation is a new trend of thought in the middle of the 20th century, Western countries, from the point of view of people-oriented, to restore justice as the core, the purpose is to restore the perpetrators of the destruction of social relations, to make up for the damage suffered by the victim and the offender to turn over a new leaf and return to society. The Criminal Reconciliation broke mandatory harshness of the traditional criminal procedure system has a special value, for the to stabilize social conflict, the interests of victims, protection of the interests of crime, the balance between the public interest three. Build criminal reconciliation system with Chinese characteristics, in line with China's traditional culture and contemporary society, the concept of harmony, therefore, it is necessary to combine theory and judicial practice of building a harmonious society in China's Criminal Reconciliation System. The Criminal Reconciliation has been caused by theoretical researchers' attention and interest, it is to meet the aspirations of the defendant and the victim both saving litigation costs, the efficiency of the proceedings has been accepted and widely practice in some areas of our country. Study criminal reconciliation and related issues on improving our criminal justice and the establishment of a harmonious society has great theoretical and practical significance. Western countries, the criminal reconciliation system has built quite mature, our criminal the reconciliation system also only stay in the exploratory stage, the real problem facing conflict with the traditional theory of criminal justice at the same time. This paper through the research literature, history and value analysis method, combined with the angle from the Criminal Law, Criminology, Criminal Procedure Law and other multidisciplinary issues related to the criminal reconciliation comprehensive investigation and analysis, and to absorb and draw on the useful experience of foreign trying to make some valuable perspective, to promote the application of the criminal reconciliation in our judicial practice. Text consists of three parts: The first chapter, Criminal Reconciliation System Overview, mainly on the criminal concept of reconciliation, the characteristics, the theoretical basis of the institutional strengths and the relationship with the traditional criminal proceedings, in order to achieve the understanding of criminal reconciliation has a full range of perspective. The second chapter describes the basis of criminal reconciliation system built in our country and the problems faced by the Criminal Reconciliation System model feasibility analysis. The third chapter is the key part of the full text, described in detail how to build a system of criminal reconciliation. I hope that the criminal reconciliation as new mechanisms to resolve criminal disputes, the construction of the socialist rule of law in China, play a role in promoting.

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