The Criminal Reconciliation On The Death Penalty

At present, in the judicial reform process, establishes a set both to be able to safeguard the crime victim benefit earnestly, and may overcome the traditional penalty system malpractice's penalty system, becomes one of most popular topics. During the current fermentation's penalty organizational reform, may consider that profits from the Western society the procedure, the introduction criminal activity reconciliation system. The criminal reconciliation's appearance, proposed is different with the traditional antagonism judicature "the private strength cooperation pattern", relates the accused person - victim puts in the criminal prosecution center. In the traditional criminal activity legal framework, the criminal justice not the accused person and victim's about, they have not striven for the punishment power, the discretion of punishment power and executes the power the authority, the criminal reconciliation has promoted victim's lawsuit status, also pays great attention perpetrator's rights and interests protection It materially is the harmony which one authority and the right between achieves, is also one kind under the national system skeleton, between litigant right relations harmony. But in view of the fact that the present China's criminal reconciliation system does not have the existing writing legal basis, is merely the place Judicial organ is imitating the Western system to carry on the practice, and reconciles the scope is also very limited. In this paper, the author through combs the correlation theories, found the holding of law suitably for the criminal reconciliation in the death penalty, and proposes the legislative ponder.