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Criminal Privatization

Posted on:2020-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuoFull Text:PDF
GTID:2416330578478988Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Nowadays,the rule of law society has gradually become the mainstream pursuit of the public in China.However,the reality is that the law or lawsuit has not become the preferred mode for people to settle disputes,and the phenomenon of criminal privatization is very common.In our country,private prosecution cases can be regarded as legitimate criminal private,but how to regulate illegal criminal private acts in private public cases still has a legislative gap,it is a loophole in law or a choice of legislative policy needs further in-depth discussion.This article is mainly based on the criminal privatization as a breakthrough point,boldly draw lessons from the mode of dispute mediation,so as to make innovative planning for the construction of the legal system of the regulation of criminal privatization in China.Because the concept is the beginning of people's understanding of things,the author first clarifies the concept of criminal privatization,and focuses on the types,harm,legitimacy,present situation,reasons for the prevalence of criminal privatization,and elaborates on how to effectively control criminal privatization by law.On this basis,we can add the crime of “Private public prosecution”,and regard illegal criminal private acts as the discretionary circumstances of heavier punishment,conditional recognition of the contents of civil compensation in illegal private agreements,expansion of the scope of application of criminal reconciliation,improvement of the transfer system of criminal cases found by law enforcement agencies,improvement of the system of civil compensation attached to criminal cases,and improvement of the supervision system of discipline inspection and investigation power of the Supervisory Commission to achieve effective control of criminal privatization.Through all-round regulation and amendment of criminal privatization,we can enrich the ways of solving criminal disputes and reduce the challenges of illegal criminal privatization to our legal system,so as to restore people's confidence in the law and rebuild the prestige of the law.
Keywords/Search Tags:Criminal Privatization, Justification, Present situation, Reasons, Legal Control
PDF Full Text Request
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