The Study On System Construction Of Chinese Criminal Reconciliation

The practical problem for individual country's criminal policy is how to protect the victims' interest, resume the damaged social relationship and meanwhile make offenders start with a clean slate so as to help them return to society. In the 1970s, western scholars put forward the criminal reconciliation theory, in which after occurrence of criminal dispute between victim and offender, they could directly consult with each other so as to settle the dispute, thus, on one hand effectively protect the victim's interest and resume the damaged social relationship, on the other hand, accelerate offender's return to society. Subsequently, this theory was spread all over the world which brought about a variety of practice modes. Due to speedy communication of global legal cultural and the more significant construction of harmonious society, the criminal reconciliation theory began to be noticed by scholars, legislature and judicial organs of China. Discussion on theory and practice of the criminal reconciliation theory is considered as a heated topic in criminal law and judicial practice.Since, in traditional criminal law theory, public prosecution, jurisdiction and penalty fall within public power, settlement of criminal disputes through reconciliation is an obvious challenge to public power; therefore, the application of the criminal reconciliation is much disputed. However, settlement of criminal disputes through criminal reconciliation appears in different ways in practice, and especially many attempts with respect to criminal reconciliation occur all over the country under the construction of harmonious society. As to this dispute settlement method which is in lack of legal regulation but with a solid practice basis, we can't simply negate and let it be; however, should study it seriously. The criminal reconciliation, as a new mechanism handling with criminal cases, shows its strong vitality as well as its superior institutional connotation and value pursuit with its establishment and development all over the world and from the point of view of practice, has much practical value in settling minor criminal cases, effectively solving social contradictions and better safeguarding victims' interest. However, it is a not neglectable fact that some problems occurred in practice in many countries and in recent trials in China, which results in puzzles and challenge for bringing in this system. Accordingly, only through digging into it and imposing effective legal regulation on it and constructing a perfect system, can we overcome limitation and deficiency of it and bettering its role in settling disputes.This dissertation consists of three parts. Part one is an introduction to concept and theory basis of the criminal reconciliation; Part two through an analysis of its trials in China and its characteristics, points out its application feasibility in China, meanwhile, affirms its positive effect and points out resistance and problems in its practice; Part three focuses on its construction in China, including system construction, choice of pattern, reconciliation agreement as well as its application in criminal litigation, so as to show its prospect of realization in China.