harmonious society in the context of the criminal settlement system on（和谐社会背景下的刑事和解制度）.docVIP

Harmonious society in the Context of the criminal settlement system On Paper to write network: Abstract: the theory of the criminal settlement produces positive response to resolve social conflicts and promote social harmony of this requirement, it can save the research and the use of judicial costs, improve efficiency penalty, but also to maximize the protection of perpetrators and victims legitimate interests, to achieve the perpetrators of the re-socialization, for resolving social conflicts and promote social harmony is of great theoretical and practical significance. Keywords: criminal reconciliation, feasibility studies, outlook First, the theoretical basis of the criminal settlement (A reconciliation of the theoretical basis for criminal “Criminal reconciliation” concept comes from the English in the Victim Offender Mediation / reconciliztion, the literal translation should be “the victim and offender (including criminal suspects and defendants) reconciliation.” Authors believe that the theory is mainly based on the following points : 1. Humanitarian ━ ━ philosophical basis of the criminal settlement Humanitarian proposed freedom, equality, fraternity thought it required to treat everyone, respect everyone’s rights and dignity of the criminal settlement is the embodiment of this idea, from the perspective of the defendant, the defendant on their own actions, aware of their hazards, and to assume their responsibility to respect the rights of the accused from the victim’s perspective, not only the mentality of revenge has been achieved, and economic losses have been compensated to maintain their dignity. (2) the evolution of criminal policy ━ ━ criminal substantive law basis for reconciliation Period of free competition capitalism, countries adopt retribution theory of punishment, with the growth of crime, the penal system becomes less mechanical weakness, after the criminal sentence and can not achieve the desired effect, so there