Discuss On The Criminal Settlement Patterns

In recent years, many parts of the judiciary trialed the criminal settlement system, although the criminal settlement practice patterns vary, but there are common defects and errors. In this paper, the basic theory of the criminal settlement, patterns to Germany, France, Britain, New Zealand and other countries the practice of the criminal settlement patterns and the theory of comparative perspective, then analyzed the Chinese practice of the criminal settlement pattern defects, and we propose to reconstruct China Criminal reconciliation model legislative proposals.This paper is divided into four parts:The first part is about the general theory of the criminal settlement pattern. In this part, the criminal settlement and mode of concept was deep interpreted, and on this basis concept of criminal settlement pattern, that pattern of criminal settlement relationship and its related concepts, finally elaborated the theory of criminal settlement patterns.The second part is about the extraterritorial criminal settlement model comparison and reference. This section compares the German, French, British, New Zealand and other countries and characteristics of the criminal settlement patterns, and more, based on analysis of the extraterritorial criminal settlement model. we Improving the criminal settlement pattern for reference.The third part is about the Criminal Practice and model reconciliation. First of all, this section describes some areas in China and content of the criminal settlement practice; Secondly, the relevant regulatory documents and judicial practice-based general practice of the Chinese criminal settlement three models, namely, the consensus model, negotiation model, commission / review mode.The fourth part is about the reconstruction of the Criminal reconciliation model. Based on decisions the practice of Chinese criminal settlement, this paper, made three elements of the criminal settlement patterns, and on this basis, determine the mode of reconciliation with the Chinese Criminal Law T-interest-based settlement pattern; Finally, to prove that T-type settlement pattern feasibility of the model and discusses the function of criminal reconciliation.