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The perspective of substantive law under the Criminal Reconciliation System

Author: YangXueHong
Tutor: QuXinJiu
School: China University of Political Science
Course: Criminal Law
Keywords: Criminal Settlement System value Substantive criminal law Fit
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 164
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Abstract


As a new concept of criminal justice and judicial paradigm, criminal reconciliation system since the 1970s in North America, quickly spread around the world and produce a variety of practice models. Continues to heat up as the global legal and cultural exchanges to accelerate and domestic building a harmonious society, the criminal reconciliation system also began to enter China's legal theory and judicial practice sector perspective, theoretical discussions and practical exploration of this system is becoming the field of criminal law in China prepared hot topic of concern. Looking at the current academic discourse on criminal reconciliation, many described the criminal reconciliation rationality of the system and the value implication, or from a programming point of view of criminal reconciliation system built in China, but rarely studied under the methods of the theory of value from a utilitarian perspective criminal reconciliation with both the basic theory of substantive criminal law fit. My humble opinion, to recognize the criminal reconciliation implementation of the criminal policy of combining punishment with leniency and harmonious society under the premise of the building is of positive significance, only to find the theoretical basis and theoretical status of the criminal reconciliation efforts from both the theoretical system of criminal law to seek criminal reconciliation with both the basic theory of the substantive law fit to make it a place in our criminal justice system. Therefore, this article will focus on the perspective of substantive criminal law to consider the rationality of the system of criminal reconciliation and value according to the criminal reconciliation system in China to build theoretical meager support. In addition to the preface and epilogue, the body is divided into five parts. The first chapter an overview of the criminal reconciliation system. First section the main connotation of criminal reconciliation system defined with a similar concept to discriminate, and then briefly describes the difference of the criminal reconciliation as a new judicial model with the traditional criminal justice model; Section II is a comprehensive study criminal reconciliation from the system source social background. Introduction and Review of the second chapter the theoretical basis of Western criminal reconciliation system, pointing out that the equilibrium theory, narrative theory and restorative justice theory While the reconciliation of a criminal nature and draw on some theoretical evidence, but not sufficient, and its existence inevitable limitations. Chapter III from the target of three values ??of the modern criminal law, justice, Humility and humanitarian point of view, the comprehensive discussion of the value of the system of criminal reconciliation: the Criminal Law Modesty, emphasizing the humanitarian nature of criminal law, reflecting the nature of criminal justice. The fourth chapter is the focus of the full text, the author on a reasonable basis to draw on existing theoretical research on the basic principles of criminal reconciliation and criminal nature, criminal law, criminal in-depth analysis of legal relations, as well as acts of criminal relations issues, efforts to find a fit and coordination of criminal reconciliation and our existing criminal law theory, make a reasonable Interpretation of the legitimacy of the criminal reconciliation system from the perspective of substantive law. Chapter criminal involved in the build of our system of criminal reconciliation reconciliation applicable conditions and scope of the brief explanation, given the necessary attention on the plight of the Chinese criminal reconciliation system build.

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