Predicaments Of Victim-offender Conciliation System In China And Its Solutions

Criminal reconciliation is an important international policy and system of justice, it is the western concepts of restorative justice in criminal cases are resolved as a breeding mode. The system in the mid 20th century in Western countries has been widely developed, either in civil or common law, are subject to different levels of importance for the resolution of criminal cases to a fruitful attempt. Criminal settlement to meet the needs of the interests of parties to the conflict, making a series of public security and judicial proceedings to obtain benefits, and contribute to the restoration of social relations and social harmony. But in China, as some scholars said the "criminal penal settlement based view of their own personal idea of criminal law between the national standard, to the punishment of thinking and legality, between the principle of guilt and the punishment fit the penalty composite view of justice and public the retribution of justice will occur between the opposing penalty concept, departure and confrontation."Meanwhile, China's current judicial philosophy, litigation system and work mechanism and so on the Practice of the criminal settlement system cause great difficulties, the purpose of the penalty effective implementation. Therefore, to explore suitable for China's criminal reconciliation becomes urgent and important to Utah. Based on this, mainly to China's Criminal Procedure Law of the scope of focus on reconciliation, the system discussed the concept of the criminal settlement, characteristics, theoretical value and judicial practice in the application of our current situation, clarify the connotation and extension of the criminal settlement; detail the criminal settlement system for the predicament in China, including our traditional criminal law theory and conflict, for the process of alienation, the work of public security coordination and cooperation of three and four people in simple terms of emotional revenge, revealed the cause of the system rate is not high for the deep-seated causes; Finally, the practical application of the criminal settlement system exists in the plight of the criminal settlement system in our building the way out.