Study On Several Issues In Constructing Criminal Reconciliation

Criminal Reconciliation grows up and forms a study boom rapidly under the background of constructing harmonious society in our country. Constructing Criminal Reconciliation system has been an irresistible trend. The procurators of some provinces take the lead in the active exploration of Criminal Reconciliation and achieve good effect. But because lack of unified regulation of law, the understanding of Criminal Reconciliation is different in various regions, and the scope of cases applied in Criminal Reconciliation and the handling of the cases after reconciliation are different either. So constructing unified applicable Criminal Reconciliation system has become an urgent need. Criminal Reconciliation system has realistic significance in protecting the victim's rights, promoting the aggressor return to society, improving the efficiency of lawsuit, dissolving the social contradictions effectively and maintaining social stability. The discussion of Criminal Reconciliation system will open up new ideas for the study on the essential theory of the criminal law, such as the essence of crime and the value of criminal law. This article provides explicit idea of constructing the Criminal Reconciliation system and predicts the possible problems of Criminal Reconciliation then puts forward some feasible measures through analysis in some issues of Criminal Reconciliation.This article contains three parts. The first part, analyzes the reasons of constructing Criminal Reconciliation from necessity and feasibility this two aspects in order to provide basis and theoretical support for the construction of Criminal Reconciliation. The second part, the article explores several problems of constructing Criminal Reconciliation, including the mode selection of Criminal Reconciliation, the scope of cases of Criminal Reconciliation, the litigious stage applied in Criminal Reconciliation, and the influence to criminal responsibility by Criminal Reconciliation. The third part, predicts the possible problems of Criminal Reconciliation, such as difficult to safeguard the voluntary of victim and defendant, power or right abuse problem and property decided to reconcile, then puts forward some feasible measures.This paper mainly utilized comparison analysis and empirical analysis method of study. Compares the various Criminal Reconciliation modes and analysis the advantages and disadvantages of each mode then conclude that construct our Criminal Reconciliation should adopt the judicial authority entrust mediation mode mainly, and apply for confirmation of their own accord mode complementally. Using empirical analysis method and combining with the specific case, analyzes the problem whether Criminal Reconciliation can be applied in death penalty cases. Combining the Criminal Reconciliation system with china's local judicial environment, forecasts the possible drawbacks of the system. A series of comprehensive analysis above, I hope, can help in constructing the Criminal Reconciliation system in our country.