Concept Of Harmony And Study On Proceedings(Ⅰ)

At present, China has an opportunity to rapid develop in economic and social. Harmonious society is an ideal state that man pursued since ancient times,and it is valuable tradition and values for our society. In cultural inheritance,in the thought of abandoning,as the guiding ideology to build harmony society,"harmonious"has profoundly affected judicial action and settling disputes in modern time.Building a socialist harmonious society is as to properly resolve disputes,to resolve social contradictions,steady social order.So it is necessary to strengthen conflict resolution approaches,it is that we must establish a multiplex dispute settlement system, regardless in the trial or judge outside, any way helps to solve disputes and conflicts we all should carry forward and reference.In the first chapter of this paper elaborating the thought of non-litigation and the relationship between non-litigation and the harmonious. And we analyzing the general situation,history cause of formation and society background has summed up the value of non-litigation,at the same time,author analyze the attitude and viewpoint about the thought of non-litigation among the scholar with the method of dialectical comparison,and then have reached my own opinion:Chinese culture is extensive and profound,legal culture is an important branch of chinese culture,and non-litigation is an important part of legal culture that can not be ignored .The non-litigation is deeply in chinese culture according with culture of harmony and cooperation. Culture is very difficult or even can not be eliminated. Thus treat non-litigation can not to blindly deny,it needs to absorb the essence and discard the dross and inherit additionally on the basis criticizing.Therefore,the main body parts of the article analysis and research non-litigation around a full range. That is keep a foothold that treats non-litigation after being in progress on the basis that thought comprehensive abandon but ought to be to develop what is useful and discard what is not.In the second chapter of this paper we attempts to further clarify the context of a harmonious society under the system of criminal reconciliation of theoretical issues related in the ways of value analysis and empirical analysis, and to focus on criminal reconciliation procedure.with a view to contribute to the theory and practice of the criminal reconciliation system.We has had a good try on the criminal reconciliation theory and practice by the use of advanced experience of western countries.and to have formed own theory:the stage of start, the stage of preparing, the consultation stage for criminal reconciliation and the stage of processing for criminal reconciliation.In short,the structure of criminal reconciliation system is according with the discipline of criminal procedure and it has become a worldwide trend.The theory of criminal reconciliation maintains fair and justice,embodies the concept of a harmonious society.At the same time,it's alike non-litigation both embody the idea of Culture of harmony and cooperatio.Modem social life needs reconciliation,so the structure of criminal reconciliation system is of the feasibility and necessity in our country's harmonious society environment.