To Expound The Criminal Contract Integration

With the social movement from Status to Contract the start, the criminal process in the pursuit of efficiency factors will be included in the lease. Reconciliation system of plea bargaining and criminal cases as the main mode, so that a contract of criminal tendencies. At present, our society is faced with the same identity to the contract by changing the factors have to be incorporated into the contract to the needs of criminal proceedings. At the same time, in order to overcome the system of plea bargaining and criminal settlement of the defects that exist, our criminal justice can be considered to be the integration of the two leases, to the best ratio of efficiency and justice.Western developed countries or whether the majority of developing countries, criminal rates rise significantly, which resulted in the criminal justice system to the tremendous pressure. In order to avoid litigants and other participants in the proceedings of the First Instance tired a long time the pain of judicial resources to maximize savings and improve the efficiency of criminal trials, plea bargaining system of judicial attention gradually. China's criminal law did not plea bargaining, but some of our criminal legal system and criminal policy will undoubtedly contain the same essence of plea bargaining. The objective requirements of judicial reform to improve the efficiency of China's criminal proceedings, criminal proceedings in the reform process at the same time simple, step-by-step to set up a plea bargaining system with Chinese characteristics has some viability.Criminal settlement of criminal justice is also increasingly becoming concerned about the new reformer by reversion of the social measures. Criminal reconciliation as a new model to deal with crime to make up for the shortcomings of traditional justice, to meet the interests of a pluralistic society in the main needs of different interests to achieve the legal effects and social effects of reunification, to achieve social harmony, and have a very important value . China's criminal reconciliation at the start of the study the application stage, and focused on the private prosecution cases, criminal cases of light injuries reconciliation system research.Plea Bargaining and Criminal reconciliation of the criminal proceedings in the Western countries in their respective play an important role, plea bargaining has become a mainstream action mechanism, in most cases replaced by a formal court proceedings. However, the existence of their own plea bargaining system can not overcome the shortcomings - of the absolute exclusion of the interests of victims. Relatively speaking, although fully aware of the criminal settlement the interests of the victims, but because of its scope of application, the application of conditions of strictly limited to criminal proceedings as a whole it is difficult to have a positive effect.And "China's first cases of plea bargaining cases" such a revelation to us: the two systems may seem different, but they can practice in the administration of justice linked organically to become litigation to resolve disputes in a mixed mechanism. This mechanism is the criminal nature of the integration contract.In this paper, the concept of reconciliation will be a criminal on the characteristics and criminal settlement of foreign examples and analysis system, and contrast binding plea bargaining system, the value of the two, the need for and feasibility analysis of its referential significance Ho , the legislative system to improve and build on recommendations in order to achieve reconciliation in the criminal system and based on plea bargaining in criminal deeds of the new idea.