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From the Perspective of the Victim Rights to Talk about Criminal Reconciliation

Author: BaiYang
Tutor: ZhangShuJun；SongWeiYan
School: Inner Mongolia University
Course: Legal
Keywords: Criminal reconciliation victim right protection
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 120
Quote: 1
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Abstract


Since 1996 "criminal procedural law" the modified established the victi m of the parties, the victim of the status since right protection problems ar e scholars the universal attention. With the rise of western restorative justic e, criminal reconciliation of restorative justice system, as an important meas ure for the victim’s rights, with unprecedented stance on the criminal judici al stage.Based on the victim’s rights, and analyzes its criminal reconciliation sy stem of value, by analyzing and comparing some foreign victim-offender-re conciliation system, thus the content of summing up the experience in our country, and eventually foothold. Use empirical analysis method and compar ison method, our criminal reconciliation system systematic application status, and the necessity of constructing criminal reconciliation. Finally the local paper victim-offender-reconciliation system based and system conception.This paper is divided into four parts:Briefly introduced the main content of the victim-offender-reconciliation system, including thevictim-offender-rec onciliation system concept, characteristics, nature and the fundamental value of the victim-offender-reconciliation system and theoretical basis.The second chapter Canada, USA, British modern criminal reconciliation system evaluation。This section mainly expounds the America, Canada, England and other countries victim-offender-reconciliation system, summarize sthe realistic situation of western countries the superiority of the victim-o ffender mediation, for our country the improvement of the system of the criminal reconciliation further reference.The third chapter in China’s criminal reconciliation system for the victim rights protection problems。This part in specific talk about the victim-offend er-reconciliation system status, and the status in the right protection the victim. Our country criminal victims rights worrying. In practice, the victim ’s rights are ignored, the right has not been fully respect. Criminal reconcil iation system no specific operating procedures, also do not have the law clearly prescribed scope and application conditions.The fourth chapter in criminal victim protection in the perspective of the victim-offender-reconciliation system construction.This part of the abov earticle by the analysis, thus summed up the status quo in China characteri stics, and conduct a careful analysis, according to the existing system the existence of the defects and shortcomings of China, and the scope of the criminal reconciliation system is put forward and the applicable procedures and conditions conception.

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