Font Size: a A A

Research On Criminal Reconciliation System

Posted on:2016-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:S Q ChengFull Text:PDF
GTID:2296330467990171Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the development of our society, people in safeguarding their fundamental rights of a growingemphasis on the protection of their human rights, requests for additional rights and Improve the status ofthe parties. In criminal cases, criminal penalties are no longer tied to a traditional prison sentence, torestore justice proposed to provide new ideas and methods to solve criminal cases. CriminalReconciliation System from abroad, and has a variety of modes, foreign criminal reconciliation systemis more perfect, but compared to other countries, the law of our country becomes too thin, and bothbefore and after the establishment of the system there is a lot of controversy. How to accurately graspthe criminal reconciliation, to understand the true value lies criminal reconciliation, and based in fullyunderstand our country, improve our criminal reconciliation system is a common problem to be solvedin the field of domestic justice.To the core of the criminal reconciliation, through the settlement system of criminal legislation,analyzes the status current situation, to explain the existence of the criminal reconciliation in thelegislative, judicial practice problems, by reference, the superiority of the absorption of other countriesin the relevant legislation, advanced for the construction of the theoretical system of criminalreconciliation recommendations. Criminal reconciliation is China restorative justice abroad resolve civildisputes of new processing mode. This article defines the concept of our criminal reconciliation as astart, combine the current legislation and practices,and summarizes the characteristics of the criminalreconciliation. Depth analysis of restorative theoretical roots of Justice, use the methods ofjurisprudence, demonstrates the social basis of harmonious society and "temper justice with mercy"criminal criminal policy applied on the reasonableness of the criminal reconciliation, but also for theanalysis of the current situation and complete the criminal reconciliation provides a theoretical basis. usethe comparative analysis methods, by the theory and practice of foreign criminal reconciliation system,generalizes our system what can we learn from foreign criminal reconciliation, to build and improveour criminal reconciliation system provides proposals. In this article, the status current situation ofChina’s criminal reconciliation legislation, applicable procedures, methods of compensation, supportmechanisms, use multiple point of view, multiple arrangement of ideas analysis defects of the criminalreconciliation system in justice and practice, and with the corresponding proposal made suggestions forImprovement: broaden the scope of criminal reconciliation, Increase reparation of criminalreconciliation, encourage neutral third-party participate in reconciliation, strengthen the supervision of the criminal reconciliation procedures, set up the safeguard mechanism of victims, designed to providemethods and suggestions for improving our criminal reconciliation.
Keywords/Search Tags:Criminal reconciliation, Reconciliation range, Oversight mechanisms, National compensation
PDF Full Text Request
Related items