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The criminal reconciliation of research

Author: YangHong
Tutor: ChenFengGui
School: Shenyang Normal
Course: Legal
Keywords: Criminal Reconciliation Compensate Conceiving a System
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 47
Quote: 0
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Abstract


The Criminal Reconciliation is a new criminal disputes mechanism, it refers in criminal proceedings, the offender pleaded guilty, compensation, satisfaction and other forms of victims reached a settlement, the national authority of the offender not be held criminally responsible, be exempted from punishment or from light a punishment system. International criminal settlement originated in Western countries a new criminal thought, already proposed as early as in the 1970s, the basic ideological principle has also been recognized by the United Nations. In China, the criminal reconciliation is a natural outgrowth of the \Law experts in China in recent years, the criminal reconciliation to do a lot of research, as well as judicial attempts in practice, are evidence of the application of the criminal mediation in China, has a legitimate basis. The criminal reconciliation with China in recent years advocated the establishment of a socialist harmonious society theory coincides with the settlement of criminal way to solve the contradiction between the rising criminal cases with limited judicial resources, thereby enhancing the effectiveness of litigation. Therefore, how to establish the criminal settlement system suitable for China to become the primary task of the moment. I imagine through their own superficial understanding of the criminal reconciliation, our expectations to create the system provide meager learn envisaged. The thesis consists of introduction, body and conclusion of three parts, of which the body of the four chapters to be discussed. The first chapter introduces the concept and connotation of the Criminal Reconciliation defined analysis and the criminal reconciliation of value, the purpose is to do an overview of the criminal settlement, a comprehensive display of the meaning and value of the system of criminal reconciliation pursuit. Chapter II of criminal reconciliation from the the criminal reconciliation origin, the foreign criminal reconciliation judicial practice and criminal reconciliation and the system of the three visits, especially for countries of similar criminal reconciliation law introduced in detail. The third chapter describes the legal and cultural foundation of the criminal settlement system, the to seek theoretical basis for China to build a criminal settlement system, to demonstrate the feasibility of Criminal Reconciliation System in China. Chapter IV presented the idea to build a criminal reconciliation in our country. Shall comply with the basic principles of the criminal settlement, applicable conditions, participants, and the applicable scope of the case, the program and the establishment of monitoring mechanisms in detail the idea of ??the criminal settlement system in China.

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