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

Criminal Reconciliation System of the Procuratorial Organs

Author HuRongRong
Tutor LiuHongZhen
School Jilin University
Course Legal Theory
Keywords Criminal Reconciliation Procuratorial organs Restorative Justice
CLC D925.2
Type Master's thesis
Year 2011
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Criminal settlement system is a based on the theory of restorative justice can effectively resolve social conflicts, to repair the system of social relations along with victim protection movement and the rise in the Western world, in which they appear to further protect the rights of victims, The offender can return to society, so that social relations can be fully repair damage crime. Its target of building a harmonious socialist society is important. The implementation of this system in our country, the prosecution in the judicial practice to explore and run this system for almost 10 years, groping around forming a distinctive mode of reconciliation. However, this system is in practice achieved good social effects, but also exposed the applicable rate is significantly lower. In addition to this is because the system has not yet been incorporated into legislation, so the lack of operating procedures and other reasons, there are still other constraints. By China's procuratorial organs to implement the practice of the criminal settlement system to inspect, pointed out that these constraints are: the criminal reconciliation exacerbated the problem of shortage of the procuratorial organs judicial resources, the role of the prosecutor in the criminal reconciliation conflict, criminal reconciliation \the lead to questioning and \The same time, combined with an overview of the criminal settlement system, restorative justice theory to understand and grasp, as well as the various modes of the Western countries developed under the concept of restorative justice criminal settlement system was introduced, pointed out that the criminal settlement system the development trend of community participation, as well as the decriminalization wide and gentle, non-custodial sentence processing mode. Restorative justice perspective, proposed the idea to improve the criminal settlement system of China's procuratorial organs: one set of the specialized criminal reconciliation intermediate mediator, especially the people's mediation of criminal reconciliation, to avoid the role of the prosecutor in the criminal reconciliation conflict, and to break through the \criminal victims compensation, deferred prosecution system, the elimination of the criminal settlement \I put the \Finally, in the epilogue, re-refined the value of the Criminal Reconciliation System, pointed out that this system is bound to face the brighter future in the construction of the building of a harmonious society in China.

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