Discussuw The Criminal Reconciliation System

However, in judicial practice more and more faults have been found 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 insffective reformation of criminals, the psychological and material loss of victim,which is impossible to compensate,have impeded the social progress greatly As an idea from West and a special mechanism nowadays, the criminal reconciliation receives more and more attention from the Chinese experts in law under the background of 'harmonious society' and pluralism of dispute settlement mechanism. Currently, the judicial practice departments all over China have put the criminal reconciliation in practice aggressively whose influence is exciting In this essay, I analyse the shortcomings of current penalty system's applicabilty and the theoretical basis for criminal reconciliation. By explainning the values and forms of criminal reconciliation, we will find the inevitability of it. Moreover,with further analysis of its function its advantages compared to traditional law system can be seen.The first part outlines the criminal settlement.By discussing issues in terms of applicability in and out of China, background, origin and theoretical basis of criminal reconciliation, we will find the criminal reconciliation is based on restorative justice theoretically and focus on the victim benefits, people who return to society from jail and rational allocation of law resources. On the basis of introducing the balance theory and narrative theory, the highlight is restorative justice theory. I believe that the restoration of justice and traditional retribution justice should be relative, and together constituate the value basis of criminal reconciliation. The second part is the value analysis of the criminal reconciliation system. I will provide proof of all aspects to illustrate the function of criminal system that improves the reconciliation of the parties, reflects the "people-oriented" values and efficient ways to reduce the cost and improves efficiency of the proceedings. The third part demonstrates the necessity and feasibility of criminal settlement system wstablishment in China..The fourth part is the reconstruction of criminal reconciliation system. . Because of the ideology of theory in terms of judicial protection reflected in the reconciliation of victims and perpetrators, its introduction is of special significance. This section exposing in-depth from the application, targets, conditions of the criminal settlement, resolves the confusions encountered in the practical operation, and helps judical officers adapt the criminal reconciliation system at the stage of review and prosecution with a number of the corresponding suggestions to rationally use the function of the criminal settlement and instituate the localized criminal reconciliation system.