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

On the criminal settlement system in the prosecution phase of the applicable

Author LiuZhengHai
Tutor XuJianLi
School East China University of Political Science
Course Legal
Keywords Criminal Reconciliation Prosecution Offender Victim
CLC D925.2
Type Master's thesis
Year 2010
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Criminal settlement system is the mid-twentieth century Western countries emergence of a new criminal justice system is under the guidance of the concept of restorative justice, in order to strengthen the rights of victims protection for the main purpose of gradually and continuously improve a system, its Western criminal legislation and judicial practice have had a profound influence. Criminal Reconciliation System, also known as the victim and the offender reconciliation, refers to the crime occurred, through the intervention of a mediator and help to make direct negotiation between the offender and the victim, consultation, resolve disputes or conflicts as a judicial system. Today, as a new criminal settlement patterns in the international criminal justice has been generally recognized, and has become a trend. In recent years, our country established The Criminal Justice Policy and the context of building a harmonious society, the criminal reconciliation system also attracted more and more attention to domestic scholars, but also caused the judiciary in particular prosecution in attention, and criminal prosecution phase of reconciliation actively explored. By the author of grassroots procuratorate prosecution phase of the practical application of criminal reconciliation analysis, and learn the basic practices at home and abroad, for the prosecution phase of application of criminal reconciliation problem, with its practical significance to make some suggestions. This text is divided into three parts, the first is the introduction, four chapters of the second part is proper, which the third part is conclusion and references. Zhu Wen's first chapter is the theoretical analysis of the criminal settlement, the criminal reconciliation system in our country said to have defined their own values ??were analyzed. The second chapter is to review the prosecution phase of the criminal settlement system for the necessity and feasibility analysis, respectively, from the need to reflect the value of public prosecution, harmonious society requirements necessary public prosecution, indictment arraignment efficient and effective means to analyze. Feasibility respectively, from the laws, policies, practices and extraterritorial basis of experience in four areas to be demonstrated. The third chapter analyzes the prosecution phase of the criminal settlement system for the current situation and predicament, through the practice of criminal settlement system for problem analysis, summarizes the current stage in the prosecution of criminal reconciliation system applicable legal flaws exist in the process, the concept of barriers, institutional conflict , the value of the collision, the role of awkward, right Zhi elbow, efficiency dilemma seven problems. The fourth chapter is the author of the prosecution phase of the criminal settlement system for the improvement proposal is divided into two, first is the prosecution phase of the criminal settlement system for improving the legislative proposal, section II is applicable to criminal prosecution phase Reconciliation System optimization tips, respectively, from the basic principles, scoping, program design, power restrictions there are brought out Perfection recommendations.

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