Discussing A New Method To Solve Criminal Cases

Criminal reconciliation is a new way of dealing with criminal case in recent years in our country. According to the traditional legal theory, crime is a violation of the isolated individual interests of society as a whole offense, the state through the offender's conviction and sentence, the punishment of the perpetrators, to achieve the just punishment. To achieve this purpose, from the investigation, prosecution and trial, a series of criminal activities, execution of punishment, all of the specialized agencies in accordance with terms of reference by the State to implement, but not direct parties to the case—the defendant and the victim of the will. However, in judicial practice, the national prosecution of our traditional criminal justice marked by imprisonment sentence models and the penal system have many disadvantages, such as prison overcrowding, criminals alteration results are poor, victim of interests are be ignored. Criminal reconciliation is a new method dealing with criminal cases in China, in building a "harmonious society" background, it is increasingly influenced by the practice of law and justice departments concerned. At present, China's public security organs throughout the application of the criminal settlement, generally received positive results, obtained approval and recognition from top to bottom. In this paper, based on criminal reconciliation in our country's to define and analysis for China's current judicial practice of criminal reconciliation,? for our current judicial practice of victim-offender mediation, put forward the idea of some of my own,? with their legitimate and reasonable way to solve criminal cases in function.This text is divided into four parts: The first part describes what the problem of criminal settlement is. In this section, the criminal settlement with the West and the related concepts of comparison, on the definition of criminal reconciliation shows that reconciliation is not Western imported goods of the criminal, criminal reconciliation is the formal criminal justice process in the running of the criminal settlement in our country; the second part describes why the criminal reconciliation occurs. Mainly from the traditional way to solve the shortcomings of crime, our criminal settlement basis and there's real interests of criminal cultural basis of reconciliation there are three aspects of analysis; The third part is the practice of criminal reconciliation operation in our country. The fourth part is the author thinking of criminal reconciliation.The author based on the current practice of criminal justice in the application of reconciliation in some specific situations, separately from the criminal settlement for suitable stage and for the type of cases, presided over the criminal settlement agencies and the judiciary's role in the criminal settlement in a brief analysis of five.