On Construction Of China's Criminal Reconciliation System

Criminal settlement system of democracy and the rule of law contain universal values, which is constructed in our country a socialist harmonious society is very consistent. Harmonious socialist society is a"democratic rule of law, justice, sincerity, amity, vitality, stability and order, man and nature live in harmony."[1], but criminal acts causing serious damage to social harmony. Tempering Justice with Mercy in the implementation of criminal justice policy, both strict accordance with the law, and play in the prevention and punishment of public security and judicial crime, the role of maintaining social stability and cracking down on various criminal acts, but also according to the new situation, the maximum the creation of a harmonious atmosphere, will reduce factors of disharmony, of the traditional criminal policies carefully summarize and reflect on, give full play to the role of social forces, to make up for the damage to victims, to protect the perpetrators basic rights as much as possible the to restore social harmony and common resolve political conflicts and problems caused by crime. In building a harmonious socialist society background, thorough study and learn foreign scientific and advanced concepts of criminal justice, mining Traditional Chinese Culture in the positive role of criminal justice, summed up our experience in criminal justice, increase criminal settlement system, to achieve criminal the scientific development of the judicial system has strong practical significance. This paper outlines the criminal settlement was the starting point of the criminal settlement system of social relations in the restoration of the unique advantages, and foreign criminal reconciliation experience running a detailed research on the criminal settlement of Current Practice and Problems of the Study , then according to the present stage of economic and cultural development of China's political situation, demonstrates China's Criminal System of the necessity and feasibility, and to make building the system with Chinese characteristics, the idea of the criminal settlement. According to the ideas, this text comprises five parts: The first part discusses in detail the system of criminal settlement related content.Including the concept of the criminal settlement, characteristics, origin, and theoretical basis and compared with a similar system for the study of the criminal settlement comprehensive pave the way to do the research.The second part of the settlement system by the criminal situation in the foreign operation, to examine the main mode of practice, procedures, operating results and challenges. Through this research, to summarize the general path of development of the criminal settlement, while the dependence of the criminal settlement with the social conditions of clear understanding.The third part is the study of criminal settlement at this stage the response of China. Present the general lack of criminal reconciliation legislation, judicial practice, despite attempts, but overall is still relatively rare, and highly non-uniform.The fourth part of reconciliation in the criminal operation of the system itself and the situation at home and abroad to understand the basis of the system, serious build system on the integrity of our system of criminal settlement necessity and feasibility analysis, demonstration, and finally that at the present stage in China Construction of the system integrity of Criminal Law is not only necessary but also feasible.The last part discusses the previous paper based on the proposal of building a system of criminal reconciliation programs, including the system's basic principles, scope, and operational procedures to the system can run our country healthy.