The Research Of Criminal Mediation System

The meaning of the word"mediation"itself is through a neutral third party to coordinate the resolution of the two parties of dispute, through the efforts of the third-party make the program between the parties, and finally makes the dispute resolved. The mediation system is widely used in areas of civil disputes, but with the rise of restorative justice in west, to use mediation for resolving the criminal case is becoming a trend. In our country, the criminal mediation as the natural product of harmonious thought, mediation system in China has a profound cultural foundation, in our country; mediation in law always refers to the field of civil mediation. But with the increase of cases in petitions and complaints and a large backlog of cases, to advocates introducing the mediation system with the nature of consultation and dialogue in judicial reform has became the trend of a large number academics in this area. But the use of mediation system in criminal area is too limited, for this make the mediation as a"flower", in practical, it does not favor to display the value of the criminal mediation. So it has great theoretical and practical significance to study the criminal mediation system go further.This article firstly starts from the basic theory of mediation, then discusses the concept and basis of criminal mediation, and deeply discusses the value of it. after discuss the status and development trend of criminal mediation in several typical state, combined it with our exiting criminal mediation's status to analyze the lack of our criminal mediation system .on the basis of our conditions to give some constructive proposals to improve our criminal mediation system for example :to expand the scope of mediation cases ;to conciliate the procedure and condition for applied criminal mediation ;to strengthen the rights of victim and defendant and raise the status of them ;to expands the discretion of prosecutor ,through a comprehensive set of criminal mediation system to put forward proposal that expanding the mediation scope in criminal field ,I hope that it can benefits for improving our country's criminal mediation system .