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On System Construction of Minor Criminal Reconciliation in China

Author: ChenJie
Tutor: LiLanYing
School: Xiamen University
Course: Legal
Keywords: Minor Criminal Criminal System of Reconciliation Construction
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 176
Quote: 0
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Abstract


The subjects of criminal justice reform pay more attention to the interests of victims in criminal justice; the restoration of their dominant position in criminal proceedings; and the help to revert criminals to society. Based on the rethinking and critics of the drawbacks in traditional criminal justice models in most of the nations, a new model, criminal system of reconciliation, has formulated. Criminal system of reconciliation is the activities involved by the victims and perpetrators directly to resolve disputes under the auspices of the mediator after a criminal offense is committed. It is one of the western criminal justice initiatives and its historical origins can also be found in our ancient and modern history. It is widely recognized because it reflects the legal values of fairness and efficiency; keeps the balance of interests and needs between the parties, in particular, the victims; and meets the timing theme of building a harmonious society and safeguarding fairness and justice. Since many scholars in our academic circles have given in-depth explanation on issues, such as the concept, the origins, characteristics, as well as the theoretical foundation of reconciliation, so the issues mentioned above will not be involved in the essay. The essay believes that it is time to settle a minor criminal system of reconciliation, and implement and explore it step by step in the current economic social and political conditions. At the same time, it’s positive and useful to explore the applicability of adult criminal system of reconciliation to gradually expand its scope of application and finally lay a solid foundation for the settlement of China’s scientific criminal system of reconciliation. From foreign minor criminal systems of reconciliation, in particular, its origin and practice. The essay analyzes the necessity and feasibility of building a minor criminal system of reconciliation, and puts forward the ideas of a minor criminal system of reconciliation which conforms to the specific conditions of our country.

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