On Constructing The System Of Criminal Reconciliation In Our Country

Implement the Criminal Policy of Tempering Justice with Mercy and construct socialism harmonious society is the great historical mission that the Central Party Committee and the country propose for law enforcement authorities at present stage,which requires in-depth practice in the handling of cases to resolve social conflicts, and promote the construction of harmonious society. Using the criminal reconciliation's way, from simple rely on stable against crimes rose to maintain harmony by solving the contradictions, the judicial organs of China also has been conducting the beneficial exploration and attempt, and accumulated a certain amount of experience.Adapted to the current criminal settlement light-crucifixion concept, Criminal reconciliation is not only help improve the efficiency and reduce litigation costs, help protect the lawful rights and interests of victims, but also conducive to resolve conflicts and promote social harmony. Criminal settlement to resolve minor criminal cases for effectively and resolve social conflicts, better protect the interests of victims has important practical value.The legal theory and judicial practice of our country has basically reached a consensus on the Construction of Criminal Reconciliation that it should be based on China's actual national condition, Constructing a criminal settlement system with Chinese characteristics, promoting socialist harmonious society. In view of this, legal theorists has carried on the thorough ponder to the criminal reconciliation and discussed the concept of the criminal settlement, the theoretical basis, foreign judicial practice their inspiration to China and constructing the necessity of criminal reconciliation system as well as demonstrated the system of criminal reconciliation from constructing the applicable scope, conditions, suitable stage, applicable method, suitable procedures, effectiveness and legal consequences and other aspects to draw the blueprint for the construction of our criminal reconciliation system. Meanwhile, the judicial practical has also built criminal settlement system actually operating mechanism that linked to the local reality,it provides judicial practice foundation for the criminal reconciliation system in our country's construction.However, the judiciary over the application of the criminal settlement is still no unified criteria and standards, the pilot of a public security organ, a trial the prosecution, but also judicial trial, as well as the joint trial of three organs. The different standard applicable must necessarily applicable imbalance and unfair, so it is essential to how to build reconciliation in our system of criminal characteristics of the principle of uniform requirements in order to build for our characteristics of the criminal settlement system.The article is about 27000 words, in addition to the introduction and conclusion, is divided into four parts.The introduction part has quoted three illustrative cases of the criminal reconciliation to illustrate the confusion for the criminal settlement in the judicial practice, the need for reconciliation to the criminal standard, unified.The first part discusses the meaning of the criminal settlement, origin and value. In summarizes in the predecessor criminal activity reconciliation concept foundation, the author has also induced the concept which combining theory with practice, and elaborated five legal essential factor of the criminal reconciliation that is the subject,target,content,object and consequence. Then it has carried on the inquisition to the criminal reconciliation's western theory origin and our country's historic tradition origin. The criminal reconciliation also has its harmonious value and the efficiency value.The second part discusses the development of criminal settlement status, effectiveness and dilemma. Elucidating the developing situation separately from Beijing, Shanghai and hunan,zhengzhou, and other areas to the judicial practice in our criminal reconciliation, and summarizes the characteristics of criminal reconciliation and the facing judicial predicament.The third part discusses the necessity and feasibility of our county to construct of criminal settlement system. Criminal reconciliation to resolving conflicts, conflict resolution, to improve the efficiency of lawsuit, saving the cost and judicial resources, is the implementation of the "tempering justice with mercy" situation policies need, is the need of constructing the harmonious society, accord with international judicial light-crucifixion trend, our country has the necessity of constructing victim-offender-reconciliation system. at the same time, our country also has the traditional culture of reconciliation and building the basis of the criminal, criminal policy basis, legal basis and the basis of judicial practice.The fourth part embarks from the construction criminal reconciliation's principle, on the criminal reconciliation's suitable premise, the suitable the case type, the suitable pattern, the suitable stage, the suitable procedure five aspects to propose our country's criminal reconciliation system's construction pattern. And it elaborated our country's criminal reconciliation system construction necessary perfect measure.The conclusion has carried on the summary to the article, and has forecast the criminal reconciliation broad prospects for development.