Criminal Reconciliation And Local Operational Models

In the long history of criminal justice, the center of the criminal justice system for penalizing has always been dominated, however, with the rapid social development, we began to rethink the traditional cocept of the prosecuting offenders by the state which did not effectively rein criminal behavior occurred. At present, China is in a critical period of social transformation, wtith building a harmonious society and the implementation of the criminal policy of combining punishment with leniency has become an important problem in criminal justice reforming.We believe criminal reconciliation has existed for the concrete theoretical and legal and operational foundation.However, current criminal reconciliation in the judicial practice is still in exploration phase, some cases are many deficiencies in the operation by local judicial authorities. At the same time, the public also pay more attention to it. So, we need to analyze related its issues, and explore its reconciliation with domestic legal environment based on knowing operational status about the foreign criminal reconciliation. This thesis is divided into six parts:The first part is the introduction. By revealing the gap between traditional criminal justice and social transformation, it hints that criminal justice reforming is pressing, and we need to build a local criminal reconciliation.The second part is definition of the criminal reconciliation. It involves three aspects:First is introducing the concept of the criminal reconciliation from domestic scholars and judicial authorities, these arguments indicates modern criminal proceduration goes to ease and rationalize. Second is the difference of the criminal reconiliation with the traditional criminal justice and the criminal mediation and the restorative justice and the plea bargaining system. so we can conclude it is a separate criminal justice system. The last is to analyze its nature.The third part is analyzing the local foundation of criminal reconciliation. It involves three aspects:Firstly,the theoretical foundation, inculding the traditional ethics and purpose of punishment. Secondly,the law and policy foundation, including criminal policy and criminal law and judicial interpretation. Thirdly, practical foundation, it gives rise to more judicial practice effects, including be good to help victims retrieve concrete lose, and help offenders go back society as soon as possible, and improve judicial efficiency, and improve the relationship between victims and offenders, victims-offernder and judicial authorities.The fourth part is invertiating current foreign criminal reconciliation. This part involves three aspects:Firstly, the basic operational models of foreign criminal reconciliation, including the community mediation model, diversion model, alternative model and justice model. Secondly, criminal reconciliation of most foreign countries run the present situation, involved in New Zealand, British, German and French. Finally, foreign experience in criminal reconciliation deserve with learning for us, including restorative philosophy, reconciliation diversity and due procedure. By the investigation of the foreign criminal reconciliation, it can help us to effectively build the reconciliation system based on the local mode of operation.The fifth part is the exploration of local practice of criminal reconciliation. It involves in three aspects:Firstly, the exploration of the local operating mode, including victim-offenders own mediation, people's mediation committee provides criminal reconciliation model and judicial authorities provides criminal reconciliation model. Secondly. we analysis the basic characteristics of the local criminal reconciliation, including actively dealing with ease criminal cases by it. introducation of the people's mediation committee as a third party, and regulate the criminal reconciliation related conditions. Finally, uncovering the some problem of the present criminal reconciliation, involves in lack of enough regulating and related monitoring.The sixth part is the operating mode of criminal reconciliation becomes more perfect. It involves three aspects:Firstly, victim prosecution reconciliation models, including private criminal reconciliation model, the people's court criminal reconciliation model and People's Mediation Committee criminal reconciliation model. Secondly, public prosecution reconciliation model, including the people's procuatorate reconciliation model and the people's court criminal reconciliation model. At the same time, the judicial authorities also set a "pre-criminal reconciliation" program by a third party, for example, the people's mediation committee, it is good for the reconciliation. Finally, We need to build some effective supervision model, including the legislature supervision, higher judicial overseeing model, and social supervision model.In short, the operating mode of criminal reconciliation, not only needs to improve the levels of criminal institutional, but also needs to improve the levels of judicial practice, and timely absorb foreigh current criminal reconciliation experiences. Only in this way we will make it more healthy and brilliant.