On The Application Of The Criminal Settlement In China

Thought and theory as a criminal, criminal settlement began in the mid-twentieth century, a new criminal trend in Western countries, changes in product and legal values. Reconciliation advocate criminal perpetrators and victims balanced protection of the rights is conducive to resolving the contradiction between the two, thus improve the efficiency, and promote social stability and harmony. Establishment of Code of Criminal Procedure in criminal settlement system in line with building a socialist harmonious society, the basic concept. We should create a harmonious society and the realistic needs, in the framework of the existing legal system to constantly enrich the theory and practice of the criminal settlement, and actively build a criminal settlement system with Chinese characteristics, so as to reform the judicial system, making the construction of harmonious society contribution.At present, the rapid social development in the same time, China also interwoven into the various contradictions of the emergent contradictions in this situation to our existing judicial resources posed a serious challenge, it needs to or penalization of non-criminal new ways to solve the problem of acute shortage of judicial resources. Reconciliation and restorative justice in criminal proceedings are, as compared with traditional litigation, litigation is adversarial, and reconciliation is the cooperative, which not only protects the rights of victims, so that it accepted the apology and compensation for the offender to get solace also help correct a crime. It is not only an alternative way of judicial diversion, the trial outside of a good way to negotiations to resolve the dispute, saving judicial resources and encourages the victim, the offender actively involved in the judicial process, help to eliminate misunderstandings and potential Crime incentives to rebuild a more harmonious community relations. Shows criminal settlement system established in China, is of great significance. In the harmonious development of the premise, based on the traditional mediation of soil, to fully absorb the useful foreign experience of restorative justice, criminal justice reform in China should be a direction. This paper tries to start from the basic theory of the criminal settlement, focusing on the current criminal settlement system in the concrete application of these practical issues in the study, based on the criminal settlement in our country to find a more appropriate mode of operation. Criminal reconciliation as a new way to resolve criminal matters, legal circles and has been widely recognized by practitioners, the judiciary at all levels throughout the country have already started a number of worthwhile, even now in some agencies have already implemented a large-scale , has also been introduced relatively mature some of the provisions. But how the scientific design of criminal settlement system, has not yet formed the same view, some scholars believe that the case of private prosecution of criminal settlement system with civil and criminal cases have been reflected, but did not give them practice the Name of "criminal reconciliation" and the lack of specific rules, just a point of order can be somewhat refined; some scholars believe that the criminal settlement should be established as a criminal regime, increase its scope, if not non-killing crimes can not be applied Criminal reconciliation; Some scholars believe that the criminal settlement should be "to review the prosecution as a platform, not to prosecute the system as the carrier," not a criminal prosecution system is the best mode of reconciliation. Arguments from scholars and judicial practice of view the response, we set up in the criminal context harmonious reconciliation system and its application to the kind of reconciliation in our model there is a clear understanding of the problem.Can be seen in the context of establishing a harmonious system of the criminal settlement, its meaning should be more abundant, its scope should be broader. Unlike the previous system of criminal litigation settlement model, which is a new judicial system, it should be a deeply rooted concepts and principles of justice. In practice, some problems, such as the constraints of the traditional concept of criminal justice, criminal justice needs and settlement system in the absence of law, choice of appropriate settlement patterns and so on. However, I firmly believe that the criminal settlement system is to achieve an important means for harmonious development of society, as long as we pass legislation to incorporate its provisions into a new legal principles and supporting the development of implementation measures, it has a strong theoretical and legislative support, the system will be good to play its due effect.Reconciliation is not only building a system of criminal and judicial model, it is a judicial philosophy, in the framework of the existing legal system continue to enrich the theory of the criminal settlement, in the shape of the practice of reconciliation, to identify problems, make recommendations and measures to solve practical problems. So as to reform the judicial system, contribute to building harmonious society.