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Study Of The Criminal Reconciliation Applicable Scope

Posted on:2014-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:J C WeiFull Text:PDF
GTID:2246330398968996Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
As a new criminal dispute settlement mechanism, the criminal reconciliation system in China in recent years has been widely used in judicial practice. Compared to the traditional criminal litigation system, the criminal reconciliation system which pay more attention or direct communication and negotiation of each parties in criminal procedure, is an effective way to solve criminal cases caused disputes.In recent years, China’s judicial organs of criminal reconciliation mechanism is introduced in the felony case, but this has caused extensive disputes. Although in the western countries the felony cases in the applicable criminal reconciliation has successful examples for reference, but in view of the legal basis for the criminal reconciliation system in China which does not have a written, so it is necessary for us to discuss the application of the criminal reconciliation in the felony caseThe structure of this paper is mainly divided into three parts:In first chapter i’Ⅱ introduces the case, the verdict, and put out some legal problems of cases contriversial. In second part i’Ⅱ analyses legal issues of the case from the perspective of jurisprudence, and discuss the relation between the principle of felony case criminal reconciliation system and criminal law. In the third part i will discusses the reasonable conditions of practical application of the criminal reconciliation in felony cases and the effective range of the case according domestic and international criminal judicial idea and i will find the defects and deficiencies of the current felony cases through the domestic and international criminal justice system as well as the case of problem which the criminal reconciliation system in China construction exist. Then i will get the criminal judicial policy of establishing the assumption and expectation of felony cases of criminal reconciliation system in china.
Keywords/Search Tags:criminal reconciliation, regulation, proper limit
PDF Full Text Request
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