The Research On The Criminal Reconciliation

Since the start of reform and opening up, China was ushered in the new historical period of institutional restructuring. The Sixteenth National Congress of the Communist Party established the important thought of social harmony. To build a harmonious socialist society, we must resolve social disputes and manage social differences properly, and maintain a stable social order. In this regard, the criminal reconciliation mechanism as a vehicle to address the broken social relations and to resume the harmony of the society on a basis of mutual understanding is an innovation of the criminal disputes settlement system, which can contribute to building a harmonious socialist society as well as rule of law in our country. Although in principle the Chinese criminal legal system contains some elements related to the theory of criminal reconciliation, there are many limitations on definition, theoretical thinking as well as institutionalization.In practice, the criminal reconciliation has ample potential to achieve. Therefore, the research on the criminal reconciliation will benefit from the legislation and judicial practice. The author will follow the line of the applicable laws, regulations and policies, and from a perspective of combination of theory and practice to conduct the research. Many issues, such as the sphere of its application, the conditions for its application, and the models and procedures will be explored. The judicial practices in its application will be surveyed, based on that; the author will analyze the factual effects pros and cons, and foresee the future development of criminal reconciliation in our country. To sum up, the author believes that to create criminal reconciliation in China and promote its application, will blaze a new road in disputes settlement, unlike the traditional criminal legal system which cherishes punishment as its core value, this new mechanism is more effective and efficient.