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Chinese criminal settlement system bottlenecks and program design

Author: LiJianShu
Tutor: HongDaoDe
School: China University of Political Science
Course: Procedural Law
Keywords: Criminal Reconciliation Bottlenecks Supporting the regime Framework Design
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 612
Quote: 6
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Abstract

This article is to explore the criminal settlement system , refers to the crime occurred, in the supervision and coordination of the judiciary , the perpetrators in confession, repentance and the victim adopted on the basis of communication, negotiation , and its material and spiritual on compensation in exchange for the understanding of victims and reached a settlement agreement , so that the national judiciary lighter , to reduce or eliminate the need for criminal penalties for perpetrators of a criminal justice system . Chinese criminal settlement system is in its difficult bottleneck period, the problems include : first, research ideas and path selection , there are significant errors and theoretical blind spots , as follows: First, the criminal reconciliation with Western judicial resources yielded a real motivation to be confused ; Second, the simplification of criminal reconciliation and isolation tendency serious ; Third, the logic of criminal reconciliation methodology confusion . Second, the basic theory of criminal law on inheritance , there is a certain conflict and friction , as follows: First, with the conflict between the principle of legality and friction ; Second, with the principle of suiting punishment conflict and friction between ; three with the principle of equality before the law and the conflict between the friction . Third, China's current legal framework , its value in terms of system effectiveness is difficult to reflect , as follows: First, the judicial efficiency may have many adverse effects , the program builds in the future are also faced with many difficulties ; two , and can not effectively save judicial resources and is likely to cause new waste ; Third, not only to curb corruption in the judiciary will not achieve significant efficacy , but has the potential to generate new corruption opens a window ; Fourth, the absence of a clear positioning , is bound to China 's judicial reform has brought a lot of confusion and even an obstacle. Fourth, the parties in the protection of fundamental rights , the existence of many deficiencies and even defects , as follows: First, the victim's voluntary and autonomy is difficult to protect ; Second, the victim 's psychological recovery neglected ; Third, the presence of the offender 's ability to provide compensation a big difference , but it is difficult to establish a national compensation scheme to solve the problem ; Fourth, the perpetrators of a single non-material compensation , and not being taken seriously , or a mere formality. Fifth, China's current social and cultural context, in the past supported the social foundations of criminal settlement system gradually collapsed , as follows: First, the harmony of judicial culture itself has a certain degree of hypocrisy ; Second, the support system for cultural harmony structure is rapidly disintegrate ; Third, the influx of Western thought brought a new lawsuit idea that the adversarial system ; Fourth, some evil people in the market economy induced by further damaged Hop culture based ; Fifth, social conflicts intensified greatly weakened people's sexual harmony ; six , China is currently the majority of the population in areas with a lot of liquidity makes it difficult Hop culture universal . Depth analysis on the bottlenecks and reflection , but also the possibility of seeking a way out Chinese Criminal Reconciliation System inevitable path . In response to these problems in the criminal settlement system should be designed to avoid weaknesses , while avoiding disadvantages , in order to try to solve the curb or circumvent these problems as a starting point , is divided into two steps : The first step to build the matching criminal reconciliation system . Topics include: first , the existing criminal law , the criminal reconciliation under statutory lighter or mitigated punishment or be exempted , a corresponding increase in non- criminal punishment in kind , and the criminal reconciliation enshrined as a basis for sentencing write code. Second, the current Code of Criminal Procedure , the criminal reconciliation as not filing with the public security organs to dismiss the case and the prosecution 's statutory discretion not to prosecute one of the reasons , in bail, residential surveillance to increase the applicable conditions concerning criminal reconciliation content , modify private prosecution system , there is evidence to establish the victim 's right to appeal from minor criminal cases take precedence over the principle of public prosecution , delete \Code of Criminal Procedure . Third, in the judicial practice the matching system, the administration of the judicial system to break down the various ratios of the criminal settlement system imposed restrictions and reconciliation exclusion of cases closed in a \The second step, to build a framework of criminal reconciliation system . Topics include: first, the criminal settlement system of judicial and legislative positioning mode ; Second , application of the system of criminal reconciliation stage ; Third, the scope of the criminal settlement system ; Fourth, the main application of the system of criminal reconciliation ; Fifth, the presiding officer of the criminal settlement system ; sixth , criminal settlement system operational procedures ; seventh , criminal settlement system oversight procedures .

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