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Criminal reconciliation : a theory of the criminal trial of practice model

Author: LiuXinYan
Tutor: XuMeiJun
School: Fudan University
Course: Legal
Keywords: Criminal Reconciliation Reconciliation of victims and perpetrators Restorative Justice Settlement Agreement
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 30
Quote: 0
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Abstract


Existing criminal law doctrine of national revenge theory , judicial practice , the normalization of the criminal policy of \on to the program can not be well protected , and the requirements of the development of the modern judicial philosophy to reflect on the function of the criminal trial , in this context, the criminal reconciliation system , the field of criminal justice a unique mode of dispute resolution new ideas , it is rooted in the value of the theoretical basis of the law , in line with the method of Infraction inherent requirement to produce this scientific theory of the nature of the crime , the theoretical basis of restorative justice in the criminal law , and reflects the value of the fairness and efficiency of the method , heritage traditional legal culture value orientation . China 's current lack of legislation on criminal reconciliation system similar prototype of other countries, the criminal reconciliation system provides us with a candid learn from them . In recent years , some places have begun to practice the theory of criminal reconciliation in trial practice , efforts to explore a new model of practice of the criminal trial , and achieved good social effects . But the the criminal reconciliation of implementation also suffered some of the confusion , the lack of value -based conflict , based on the lack of substantive law and procedural basis , the impact of the traditional legal awareness and the lack of community corrections . The implementation of the criminal reconciliation depends on the road to explore a solution , new ideas , and improve the legislative entities and procedures and a sound mechanism .

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