Study On Criminal Reconciliation System

The criminal reconciliation system is one brand-new way of processing criminal cases which appears in recent years in our country. According to the traditional legal theory, the crime is an illegal activity that the isolated individual infringes social overall benefit. And the country realizes the penalty justice though the determining guilt, the sentence and the penalty upon the criminal. In order to attain this goal, from the detection, filing the lawsuit to the trial, carrying out the penalty, a series of criminal activities are completely implemented by the national special organs according to the authority without considering the direct litigant-accused person and victim's will. However, in judicial practice many faults exist in our traditional criminal judicature pattern which takes the country's suing as the symbol and in the penalty system that is based on imprisonment primarily, such as the serious opposition between the country and the criminal, the jail occupied fully, the ineffective reformation of criminals, the victim benefit ignored and so on. As one kind of new idea in criminal realm, the criminal reconciliation receives more and more attention from the law educational world and the judicial practice department under the background of "harmonious society". Currently, the application to the criminal reconciliation system in our country has received the positive effect generally and obtained approval from top to down. This article emphatically analyzes the value of the criminal reconciliation system and draws lessons from the mature experience of western recoverable judicature in order to improve the system that is not regulated insufficient and to fully display its function that solves the crime reasonably.The full text is divided into five parts totally. The first is a general account of the criminal reconciliation system. It introduces mainly the background of this system and defines the meaning of the system based on the comparison between the criminal and correlative concept. The second is the analysis of the system's value. The value of the system is mainly analyzed from three aspects that are the victim, the offender and the criminal judicial system. The third is an investigation into the practice of this system overseas. This part first introduces the condition of the system applied in several western countries. Then it introduces the patterns of the criminal reconciliation and analyzes the actual effect that this system has obtained in New Zealand and America, finally summarizes the characteristics of the system overseas. The fourth is legally establishing the criminal reconciliation system. This part first analyzes the necessity of establishing the system legally. Then it discusses the barrier that establishing the system faces and demonstrates the feasibility of this system. Finally, the writer makes suggestions of establishing the criminal reconciliation system with Chinese characteristic.