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The Country’s System Designation of Criminal Composition

Author: ShiWenQing
Tutor: ChenYuZhong
School: Hebei University
Course: Procedural Law
Keywords: Criminal Reconciliation Theoretical basis The need for feasibility The construction of the system
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 127
Quote: 2
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Abstract


The so-called criminal settlement system for minor criminal cases, the participants of the mediator by the parties face-to-face consultations, to solve a case processing system of criminal disputes. Since its birth to the present, many countries have adopted and developed a variety of case processing mode. With the construction of the rule of law in China, the legitimate interests of the criminal protection measures give a lot of attention to, and significantly results in the offender transformation. But the protection of the interests of the victim has not paid enough attention to the interests of the victims on the handling of the case is often forgotten, does not match with the requirements of the socialist rule of law and building a harmonious society. The application of the criminal settlement system to make up for the lack of protection of the interests of the victim, and build a harmonious society and the rule of law coordination. In this situation, the intention to explore the reconciliation system. The paper is divided into four parts. The first chapter introduces and explains the basic situation of the criminal settlement system. From his concept, aspects of the historical background and criminal settlement system is based on the theoretical basis, have a more detailed understanding of the criminal settlement system and grasp. The second chapter relates to judge the value of the settlement system. Impartiality and efficiency of judicial life. When the use of softer way you can play the rehabilitation of offenders and to restore damaged social relations, then the use of more severe punishment is manifestly unreasonable. The emergence of the criminal settlement system to make up for the drawbacks of public authority in the settlement of criminal liability disputes, on the one hand, it emphasizes the protection of victims reflects the equitable access to justice to the establishment of social harmony and stability, and because it's simple and convenient features solution to improve the efficiency of the criminal liability disputes, saving the cost of justice. The third chapter discusses the necessity and feasibility of the criminal settlement system in the development of China's current judicial environment. In terms of the necessity First, the establishment of the criminal settlement system is the inevitable requirement of socialist harmonious society, followed by specific judicial practice can take into account the interests of the party and the state, social equity and justice. Mainly on the feasibility of China has established the legal basis of the criminal settlement system, the criminal policy basis and practical basis for making the criminal settlement system has been established in China and development. The fourth chapter describes the idea of ??China's current judicial environment under the Criminal Reconciliation System Construction. System of substantive law such as criminal settlement system, the penal system and the construction of the substantive law conditions. Its supporting program construction, the focus on the establishment of juvenile delinquency deferred prosecution system, a clear application of criminal reconciliation stage of the proceedings, the procedural law of criminal reconciliation, criminal settlement system programming, the transformation mechanism of the offender reconciliation set, the specification of the amount of compensation in respect of the settlement agreement, the the criminal reconciliation program oversight mechanisms to build, the construction of the victim's state compensation system.

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