Study Of Criminal Reconciliation System

Criminal reconciliation system which has its origini in Western countries, is considered under the guidance of the theory of multiple criminal proceedings value, in order to stabilize post-conflict society, realize the rights and interests of the relief of victims of a rational choice. The system in the mid-20th century in the western world has a wide range of development, whether in the civil law or common law system, it is subject to varying degrees of importance. Today, criminal reconciliation as a new model of criminal justice at the international level has been generally recognized, and has become a trend in today's world. In China, criminal reconciliation as a first exploration in justice department rather than theory department to enhance the reform measures which has obvious practical significance in addressing minor criminal cases, proper treatment to resolve social conflicts, promoting social harmony. It has been recognited by academic world and legal theory community which has been to explore and research, and has taken shape in a number of research results and theoretical point of view. At present, our country has started around the of judicial practice in criminal justice. Criminal reconciliation in its advanced idea , as well as good results ,are good in our country to flourish, but because of the lack of uniformity of legislation and recognizing the existence of some differences in various parts of the relevance of the current, there is a lack of uniformity in practice. To achieve the desired results of the criminal settlement and reflect the seriousness of the administration of justice, specific norms of criminal reconciliation system must be founded. Here, based on Western philosophy and criminal settlement of Chinese political philosophy of a harmonious society, the author propose to build basic idea of system of criminal reconciliation by drawing on the useful experience of foreign countries, and in conjunction with the judicial practice of our country.In this paper, four aspects of the criminal settlement system are analyzed. At the first part of the article,it briefly outlines the reconciliation of the criminal system, in order to know the whole criminal reconciliation system. It is about introduction of specific meaning of a criminal settlement with the characteristics, and other relevant distinction between the concept and its emergence and development. About the meaning of the criminal settlement, analyzing and comparing the theoretical circles from my country, the author believes that representativeness on the basis of opinion that the settlement should be a criminal case into the proceedings, victims and perpetrators on a voluntary basis, under the supervision of the reconciliation, consensus, the two parties reached a settlement agreement, the state authorities take them as a punishment to be taken into account the circumstances, and make a relief of victims of the punishment. At the same time, compared the distinction between the concept and relevant comparison , it provides a more comprehensive perspective about reconciliation of foreign criminal investigation system.In the second part, in order to reach a thorough understanding of a system from the final analysis, it needs to know the whole story, trace the origin of the system, and realize its theoretical basis and value, so , its has a deep understanding. In this section, it focuses theoretical basis and value of criminal reconciliation system, the author analyzed a number of representative Chinese and Western views, such as the balance of theory, narrative theory to restore justice theory, domestic scholars believe that the theory of harmony, and cultural theory are also the criminal reconciliation . through a brief overview of several theories, the auther believe to some extent they are reasonable but there is a one-sidedness. our country 's criminal reconciliation comes from the practice of the system or it is criminal policy which is a new product combining the West and our country. The author believes that our country is more inclined to the opinion that our criminal reconciliation is Criminal Policy Combing Punishment with Leniency under the guidance of a specific system. The content of Criminal Policy Combing is about Punishment with Leniency which takes the relief for the punishment of the main elements of a serious crime and dangerous offenders, crime and the occasional large minor offenders, according to the type of crime and crime in different types of people for different treatment, the majority of the transformation, and the embodiment of the Criminal Code alleviate wide system of criminal reconciliation which is to be able to introduce the development of this policy. About the value of the criminal settlement, the author provide a comprehensive analysis of theoretical circle, and consider that the value of the principal is that the fair value of the criminal settlement, the value of the efficiency of the criminal settlement which has been discussed in detail in the paper. It is to provide an important reference for the criminal reconciliation system of our country.Third part of the criminal settlement, emerging as a foreign system, has been bound to the theory and judicial practice, to set up at the smooth development of our country, achieve localization, one of the important point of criminal reconciliation system is to overcome these obstacles. Therefore, this part is about the criminal practice and experience of reconciliation in our country and the plight of the theory and practice, the author discussed in detail that our country faced criminal reconciliation of theory and practice of the plight through the provisions of this system and introducing the system of criminal history of reconciliation and practical significance, so that it is inevitable for the trend of development of criminal proceedings reconciliation system .Part IV is the main body of this article. Through a combination of the actual situation in our country and learnning from foreign practices ,the author propose to build the basic idea of criminal reconciliation in our country, including criminal cases to adapt to the conditions of reconciliation: a prerequisite for the application of the cases, perpetrators of acts of crime in line with the elements which constitute a crime, taking the initiative to plead guilty perpetrators, perpetrators and victims, and reach a voluntary basis; the scope of application: the author believe that it ought to be from the perspective,and should not be limited to specific cases. In some major cases, it is better in realizing this value. However, our traditional concept of criminal justice and criminal law hasn't a significant adjustment, it is necessary to maintain a certain degree of caution for criminal settlement in the use of practice. The author believes that at this stage of the reconciliation legislation the cases applying in criminal in general are in general against the law referring to the individual benefits, and the victims must be specific. For the country as victims of crime or no victim in the cases,it is generally not applicable. Adaptation model: the author believe that reconciliation must be limited to criminal prosecution and trial stages of the review; the victims, perpetrators, offenders ,near relatives, lawyers, prosecutors, the courts can be the make-peace.regardless of who is going to act as mediator, the process of reconciliation, conditions and questions should be placed voluntarily under the supervision of public power. The effectiveness of the settlement agreement: the contents of the settlement agreement, compensation should cover the loss of material and spiritual questions; if the effectiveness of the settlement agreement, the settlement agreement are the true meaning of both parties, the judiciary may not be free to interfere in criminal proceedings; consummate and set up measures related to: Government set up the system of helping victim, labor compensation measures such as community service.Finally, the author draw the conclusions that from the judicial practice of view at this stage, the criminal settlement system is worth the feasibility of the system of transplantation in our country; it is meaning in practice. The main task at present is how the legislation related to will be regulated in order to make them to adapt to our country's judicial environment, to maximize the effectiveness of judicial practice, which are required long-term exploration for the judice department and of community.