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On the criminal reconciliation system

Author: LiuXiangHai
Tutor: HanZuo
School: Central University for Nationalities
Course: Legal
Keywords: Criminal Reconciliation Restorative justice Status and problems Trial applicable
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 50
Quote: 0
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China is building a socialist harmonious society, which is the strategic task of our Party Central Committee clearly, and with the continuous development of society, the increase in the number of criminal cases with limited judicial resources have become increasingly prominent, the traditional criminal justice system and heavy punitive retribution lack of protection of the interests of victims, the treatment effect on crime is not satisfactory drawbacks appear gradually, showing the litigation efficiency is not high, the backlog of cases, the victims are not satisfied with all the ills, criminal reconciliation system just to make up for the above deficiencies, the important position of the victim in the criminal justice, focusing on the concept of compensation and rehabilitation, pay more attention to social harmony and interpersonal relationship repair, and maintenance of social harmony and resolve social disputes. The criminal settlement also known as the perpetrators and victims of reconciliation between the perpetrators and victims of the meeting, the parties to mediate or directly called restorative justice conference. Criminal Reconciliation originated in the West, because it contains a wide range of value balance protection, so it is a depenalization victim protection, offender re-socialization and other aspects are the effectiveness of the system. In the proceedings on the criminal reconciliation to create a new form of procedures to resolve criminal disputes and criminal proceedings in which the introduction of the free spirit of the contract, to fit the demands of the humanism. This philosophy is also accepted by many countries and regions of the world and used in practice. Recovery of criminal reconciliation system theory of the victims emotional recovery and social relations provide a relative balance of protection, is a non-punitive punishment, give full consideration to the protection of the rights of victims, perpetrators resocialization, peace- creative recovery system. Restore justice than mere punishment more meaningful. The penalty is an abstract of criminal responsibility, the victim was against the interests and will not be restored because the perpetrators punished. Therefore, in order to compensate for the loss of the crime, you must pay attention to the needs of the victims through the criminal reconciliation, prompting the offender to repent and start anew, get the victim to the offender's understanding, so as to maintain normal social relations, in order to achieve true justice. Restorative justice after decades of rapid development, has become the Western countries, the most dynamic of a criminal justice system, criminal reconciliation as a new concept of criminal law circles, but also to become a world trend. Criminal reconciliation as a new criminal settlement mechanism to meet the need of different main interests contradictions and disputes to be resolved between the victim and the offender, to make up for the traditional criminal justice model to solve the problem of insufficient and defective building a socialist harmonious society significance. Establish a sound system of criminal reconciliation expression of social tolerance and embodies humanitarian ideas, reflect the \Research Criminal Reconciliation System on the Perfection of substantive criminal law and procedural law of great theoretical and practical significance. This paper is divided into four parts, the first part of the Criminal Reconciliation System Overview and legal basis; second part of the current situation and problems of our criminal reconciliation; The third part is the necessity and feasibility of construction of criminal reconciliation system; Part IV the operating mechanism of the criminal reconciliation and perfect.

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