Journal of Jishou University(Social Sciences) ›› 2010, Vol. 31 ›› Issue (5): 60-64.

• Law • Previous Articles     Next Articles

Discussion on the Legitimacy of the Criminal Reconciliation System

  

  1. (College of Law,Jishou University,Jishou,Hunan 416000,China)
  • Online:2010-09-15 Published:2012-03-16

Abstract: Taking the criminal law mechanism as benchmark to measure the room for the criminal reconciliation system,the author finds that the criminal reconciliation system agrees with the spirit of justice of penalty and combating the abuse of punishment power advocated by the three basic principles of criminal law.It is the product of comprehensive interpretation of the nature of crime,and the practice of the spirit of Individualized criminal penalty,economy and modesty of criminal penalty,zero penalties,and discount penalties.The criminal reconciliation system bridges the criminal law and the civil law,fills the gaps of penalty theory and provides a new vision and new ideas for the research and practice of criminal law.

Key words: criminal reconciliation system, basic principles of criminal law, nature of crime, spirit of criminal penalty

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