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The Thinking of Some Issues about Constructing Criminal Reconciliation System in China

Author: DiYingJie
Tutor: WangHongYu
School: Hainan University
Course: Procedural Law
Keywords: Reconciliation Criminal Reconciliation The indictable alternative mode
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 58
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Abstract


In recent years, with the rapid development and changes of the world economy and society, the number of criminal international community have shown a rapid upward trend. However, the countries in the world face increasingly complex criminal cases in the input of manpower, material and financial resources become stretched. The growing number of crimes and the increasingly prominent contradiction between the relatively scarce judicial resources, and even become a barrier to restrict the judiciary to crack down on crime and the protection of human rights. Reason, traditional criminal proceedings can be greater guarantees of fairness and justice, but also because of its lengthy litigation process is inefficient. Therefore, how to improve judicial efficiency of resource use in the case of the relative lack of existing judicial resources, it is important in the national judicial organs before the problem. In criminal proceedings, the nature of the crime and the offender's situation there are individual differences, the criminal case does not distinguish between application of the traditional criminal proceedings, neither necessary nor realistic, some minor triage and filter cases and juvenile delinquency cases, the prosecution phase of the case in the criminal proceedings to obtain lawful, reasonable solution, and thus be able to concentrate on handling major criminal cases, litigation can be achieved not only efficient, but also reduces the litigation resource consumption. Criminal Reconciliation System is a system to comply with the above requirements. The procuratorial organs through consultation with the defendant and the criminal reconciliation agreement, conditional to give up the right of prosecution, while attached to the defendant Unlike penalty of criminal reconciliation measures, so that the case ended with the prosecution phase. This approach not only play an important role in improving the efficiency of the criminal proceedings can, but also allows the defendant is no longer experiencing lengthy criminal proceedings, as long as faithfully fulfill the implementation of the settlement agreement to determine the obligations will no longer be prosecuted, it means no longer accept the punishment of the penalty, which can better promote offender rehabilitation, early reintegration. The first part of this paper is to start from the basic theory of criminal reconciliation to explain the the criminal concept and meaning of reconciliation and reconciliation with other related concepts Discrimination criminal, criminal reconciliation system at the same time to dig deep in the basis of the above theoretical basis, from philosophy and jurisprudence. The angle of the reason of the existence and development of criminal reconciliation depth analysis and interpretation; second part describes the extraterritorial and Taiwan of China indictable alternative models (1) and comparative studies and analysis, drawn from the Construction of the Criminal reconciliation certain idea of ??the system; fourth part is based on China's current social practices and cultural environment, were analyzed and expounded on China to establish the feasibility and necessity of the Criminal Reconciliation System; Construction of the Criminal Reconciliation System specific program design.

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