Discuss On The Reform And Improvement Of Criminal Mediation System In China

Since the 1970s, with the rise and development of restorative justice in the world, Chinese scholars have advocated the introduction of the dialogue mechanism in criminal procedure, to improve the efficiency of proceedings, to enhance the dominant position of the parties, to promote social harmony. With the deepening of Harmonious Society ideas, Mediation is widely used to resolve disputes between the parties. Due to advantages of the efficiency of the proceedings in Criminal Mediation, respecting the dominant position of the parties and contributing to building a harmonious society or the like, Criminal Mediation is widely used to deal with minor criminal cases. Criminal Mediation, refers to the facts of the crime occurred, need to be investigated for criminal liability, a neutral third party as mediation the auspices of the presiding, voluntary by the offender and the victim equal consultations and negotiations, to determine to solve a series of program activities after the occurrence of criminal behavior. However, there are some issues in the Criminal Mediation System in the legislative and judicial practice; we need for reform and improvement of the system. This article is based on China's current Criminal Mediation System, combining legislation and judicial practice issues, appropriating the Foreign Experience, proposes a number of recommendations for reform and improvement of Criminal Mediation System, in order to have a deeper understanding of the Criminal Mediation System.There are 33 thousands words in this article. Besides the preface and conclusion, the article is divided into four parts.The first part is on the basis of Criminal Mediation system Discussion. The first part includes the meaning and characteristics of Criminal Mediation, the legal basis of Criminal Mediation System, history and features of the Criminal Mediation System, the scope of Criminal Mediation, the value of the Criminal Mediation System, and the relationship between Criminal Mediation and related concepts. The second part is the Criminal Mediation System of extraterritorial investigation and conciliation review. This part summarizes the same Criminal Mediation rules and practices in different countries, and summarizes different rules and practices in various countries, reviews the Criminal Mediation System of those countries, and explains its enlightenment for our country. The third part is the status of Criminal Mediation System Analysis and Causes. This part introduces the Criminal Mediation System in our country's legislative and judicial status, analyzes Criminal Mediation System in the legislative and judicial practice issues, respectively the scope of criminal mediation is narrow, lack of relevant support system, criminal mediation departure from voluntary principles, Criminal Mediation operating procedures are unreasonable, Criminal Mediation is lack of monitoring mechanism, and so on, and analyzes the causes of these issues. The fourth part is the focus of the article, mainly analyzes how to reform and improve the Criminal Mediation System in China, This part were both from the legislative and judicial propose the reform and improvement recommendations, legislative reform and improvement proposals are to moderate expand the scope of Criminal Mediation, to construct the related support systems of Criminal Mediation System; judicial reform and improvement proposals are to construct the protection mechanisms of voluntary principles, to standardize the conditions of Criminal Mediation and procedures rules for the operation, to improve the monitoring mechanism of Criminal Mediation.