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Criminal Justice Practice and Research reconciliation

Author: ZhangZuZhong
Tutor: WangJunMin
School: East China University of Political Science
Course: Procedural Law
Keywords: Victim-offender Reconciliation Offense penal code settles Crime and Punishment Accordance Criminal purpose Due process
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 142
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Abstract


Victim-offender Reconciliation is a form of consultation and cooperation in order to restore the original order and dispute resolution. It refers to the offender to plead guilty in criminal proceedings, compensation, apologies and other forms of understanding reached with the victim, the state not to pursue the specialized agencies of the criminal offender, or a system of its lighter punishment. Originated in Western countries, the criminal settlement of restorative justice, in recent years, China’s criminal theory and practice of reconciliation to explore in the ascendant. Criminal settlement with the fair value, efficiency and value, in line with the value of Modesty criminal law, and for the importance of building a harmonious society. Domestic and foreign scholars generally believe that reconciliation is a criminal remedy the shortcomings of traditional criminal justice system of medicine. Under the guidance of retribution doctrine in the traditional criminal justice model, the lack of protection of the interests of victims, perpetrators of the treatment effect is not satisfactory, thus achieving the purpose of criminal law are also being somewhat powerless. Criminal settlement system can make up for the defect exactly, it will restore and crime victims who return to society as the main objective, while focusing on the repair of social relationships and interpersonal harmony, and thus better results in crime prevention.China’s current practice of criminal reconciliation process faces a number of issues to be resolved, must be the legitimacy of the theory and practice to sort out aspects of the feasibility and feasibility studies, and thus the construction of the criminal settlement system to provide appropriate support and practice of relying on the theory .In this article, the author first analyzes the criminal settlement drawbacks of traditional criminal justice model and the value of the criminal settlement, reconciliation and practice in the analysis of China on the basis of the criminal-depth analysis of the criminal settlement in the theory and practice of the difficulties and problems, at the theoretical level analysis of the basic principles of criminal settlement with the criminal law, criminal law and due process the purpose of the conflict; in practice, the main level of the main body of the criminal protection of the rights of reconciliation, scope, application stage, the host of the random selection and procedures for issues such as targeted focuses on. Finally, on the necessity and feasibility of the criminal settlement, reconciliation and supporting systems of the criminal conduct feasibility studies, based on the settlement system for the construction of the criminal conduct discussed.This text is divided into three parts:The first chapter of exploration and practice of criminal reconciliation start the discussion focused on the two aspects: on the one hand focus on the value of the criminal settlement, and reconciliation and criminal criminal justice system and the traditional mode of complementarity; the other hand, our recent Years of criminal practice of reconciliation were reviewed, and analyzed the criminal settlement system of the process of exploring the experiences and lessons learned.The second chapter discusses the exploration of the criminal settlement problems, theoretical issues, including the three basic principles of Criminal Law conflict, as well as the purpose of criminal law and due process of the conflict. The main problems in practice of reconciliation, protection of the rights subject, scope, application stage, the host of the arbitrary choice of five questions and proceduresThe third chapter proposes the construction of the Chinese idea of the criminal settlement system, from the criminal settlement in the implementation of China’s need for and feasibility of starting, outlined the criminal settlement system of the building model and the need to improve the supporting system.

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