The Construction Of Our Criminal Reconciliation System

The litigation is confrontational, the key word of which is the confrontation, while the reconciliation is cooperative, the imperative word of which is the compromise; the posture of the litigation is "to struggle for the right" while the concept of the reconciliation is "to compromise for the harmony". In our traditional value, the crime is considered as "the isolated individual opposed to the rule of struggle", it seems as if the state protected the legal interests and maintained the social order by the imposition of the criminal penalties. However actually not, victims suffered form the crime- another protagonist in the conflict being marginalized- don't receive more benefits, the situation even more, except for their comfortable spirits for the criminal penalties imposed by the state. Therefore, the dispute has not been truly resolved. The simple sentence for perpetrators, "a harmful justice", not only makes crimes suffered from losses but also leads victims and community not to recover their losses, at the same time, it gets the correctional effects for the offenders poor. Therefore, in view to the restorative justice philosophy from western countries, the imposition of criminal reconciliation is to solve the problem. The concept of the restorative justice advocates perpetrators and victims at the center position, encouraging family members, friends and any other person affected by a crime to participate in the process of solving the criminal problem, and each other share the harmful effects, which makes the criminal in search of the psychological balance from a sincere apology and financial compensation of the perpetrators, so that the perpetrators timely return to society by their responsible behaviors, and the damage of social relations can be repaired. The value orientation is combined with the severe clemency of criminal policy for China's initiation and the objective of building a harmonious society in line. Although the rule of law in tradition and the social concept in China are different from western countries', a number of dimensions to establish the need for criminal reconciliation system exist in China, moreover, the basic elements to establish the system of the criminal reconciliation have appeared in the ideological and cultural scope. But we must also see our system of criminal reconciliation faced by many obstacles. Therefore we must absorb and learn from the criminal reconciliation from western countries which also conforms to our national conditions. The concrete construction for the functioning procedure of the criminal reconciliation must clear the auspices of the criminal settlement, the application stage, the scope of the case and the principle's committees of mediation, the conciliation of public security organs, the mediation of procurational organs, and the conciliation of the executive for court penalties, each of which has it's specific operational mode, and different models have different approaches, thereby an entire criminal reconciliation with characteristics in China will be established, which contributes to fulfilling the justice without any loss truly.