Criminal Reconciliation System And Construction

Development of human society is a history from lower to higher, step by step from barbarism to civilization, history, accompanied by the development of human civilization, human beings respond to increasingly rational means of crime. Times to the 20th century, the effectiveness of traditional criminal justice effects as well as the marginalization of the victim status of the judiciary raised concerns around the world, around the world are striving to explore new initiatives for criminal justice reform. Thus more attention to countries in the world to protect the rights of victims, have set up or try to establish Criminal Law.Criminal Mediation, also known as victim - offender mediation model, originated in Western countries of a new criminal trend is to repair one of the main forms of justice, is after the crime, through the help of a mediator, so that harm direct talks between man and the victim, consultation, to resolve criminal disputes, the goal of restoring the criminals and victims of harmonious relations, and to rehabilitate offenders, reverted to the community.Criminal Mediation from the Western concept of restorative justice, reflect a fair, efficient legal value, consistent with building a socialist harmonious community maintain fairness and justice of the Shi Dai melody used by most legal theory and practice is the basic renke. Justice, the criminal settlement in the protection of victims interests, and cater for the interests of protecting the suspect, contribute to the fairness of criminal justice. In terms of efficiency, minor criminal cases reconciliation, judicial review only of the settlement agreement and confirmation, and the settlement agreement to deal with it, save for the review of evidence of efforts to enhance the efficiency of case disposition. Also, because in practice there is a large number of minor criminal cases, it will also increase through the criminal settlement the overall efficiency of criminal justice, so that the judiciary can focus on combating serious violent crimes, organized crimes and other violent crimes. In addition, the criminal settlement was also able to overcome the prison, reform of the defect, by effectively play the role of individual prevention, reduction of public interest might be violated again, while good for easing social conflicts and contradictions, and promote social harmony. Overall, the context of building a socialist harmonious society in a criminal settlement as a new mechanism for handling criminal cases, to properly resolve the social conflicts, to resolve social disputes, maintaining social stability is very important. As a new mechanism for handling criminal disputes, criminal reconciliation began in the 20th century 70's, the new criminal trend in Western countries, and legal values, changes in product, then spread widely around the world, and a more stable form of several model. Impact of economic globalization, integration of Chinese and Western Legal Culture further exacerbated. China's criminal law will be introduced to the domestic criminal, reconciliation and to explore the theory of criminal reconciliation, while some parts of the State of the Judiciary is also a useful attempt. In theory, our academic and related criminal reconciliation and other issues of restorative justice began in the 20th century to explore the late 90s, gradually began to emerge in this century a number of academic achievements, addition, around the theme of the criminal reconciliation, also held many conferences; practice, more and more substantive departments of justice, in particular, a criminal prosecution reconciliation, thus, some relevant working papers and systems. Academics in restorative justice and theoretical study of the criminal reconciliation achieved fruitful results, practice, explore reconciliation in criminal cases are handled, accumulated rich experience, these outcome to be our argument Gou Jian criminal settlement system provides a good theoretical basis and real materials. But overall, the criminal settlement in China is still a new thing, theory, practice is not mature, criminal reconciliation theory and practice circles this controversy, armed with their own views, and can not form a unified standard conclusion.As the criminal settlement system is not perfect, criminal settlement system while building a harmonious society of today's active role in promoting, so further study and research the necessary criminal reconciliation system. At the same time and to draw reasonable factors of the system to build a criminal settlement system with Chinese characteristics, is also building a harmonious society needs a system of justice. In this article, the author of the concept of the criminal reconciliation, characteristics, theory of origin, a simple explanation and put forward a reasonable classification in criminal settlement, of the criminal reconciliation system and the related concepts of difference, with the current practice of application of our criminal justice system in the event of reconciliation to the concept of legal barriers and obstacles, propose to build our basic idea of the criminal reconciliation system. Full text from the introduction, body and conclusion of three major parts. Among them, the body of the paper discusses four chapters.The first chapter is an overview of the criminal reconciliation system, into the concept and characteristics of the criminal reconciliation settlement system, the theory of criminal origin, criminal reconciliation system of classification of three sections. In the first section, the author first of all a more comprehensive exposition of the current domestic and international, on several prevailing on the criminal definition of the concept of reconciliation, in this basis, further comparative analysis of the concept, put forward their own system on the concept of the criminal reconciliation defined. Secondly, I also summarized the six characteristics of the criminal settlement; section highlights the theoretical origins of criminal reconciliation; Section III, the author another way, whether from the criminal reconciliation, including national reconciliation between the perpetrator of this particular point of view, on criminal settlement was a new classification.Chapter I will be a criminal reconciliation with the relevant distinction between the concept and system that links between them and the difference between, for our clearer understanding of the criminal reconciliation system laid groundwork.The third chapter is the key part of the full text. It is mainly in the first chapter, based on. Chapter II describes how the physical, procedural part of the Construction of the criminal reconciliation system, in which some of the major entities from the application of basic principles of the criminal, reconciliation for the conditions and the scope of the case be expressed in three aspects, the program part of the settlement from the proposal and acceptance, reconciliation and start the main, reconciliation phase, the supervision of the four aspects of reconciliation statements; here, the author defines the scope of the criminal case settlement application, the unit can become the subject of reconciliation brought criminal and criminal reconciliation the use of the various stages of reconciliation has its own unique views.Chapter safeguards for the criminal settlement system. In order to protect better the implementation of the criminal settlement system, to better fulfill its role in building a socialist harmonious society, the role of the writer the combination of the theory and practice of justice, put forward their views and suggestions.