Study Of Protection Of Legal Interest In Criminal Reconciliation

The criminal reconciliation system research is developing like a raging fire at home and abroad, the fundamental research is still in the exploration-by-stage, in the judicial practice,it has begun to habitually apply, and also been accepted and recognized. The Criminal reconciliation based on restoration theory of justice, with the development of Victim logy, it is developing. The Criminal reconciliation system is to build a harmonious society and carry out the Criminal Policy of temper justice with mercy, the production of the criminal reconciliation system means Significance of the Times. But, theoretically, there are different. in the practice operation the standard is not unified, The phenomenon that the theory and the practice come apart seriously violate the value of the criminal reconciliation's original intention. Under the influence of the one-sided theory of justice and the imbalance of legal interests, in practice, mistakenly regarded as criminal penalties and compensation for reconciliation between the relation of the price and it is wrong to think infringement of legal interests will be equal to actual harm results. The blind application of criminal reconciliation will lead the criminal reconciliation system in the wrong direction. Such as "expansion" or "tightening" the scope of criminal settlement is not conducive to the protection of legal interests, on the death penalty for the lack of effective review, a large number of doubtful cases and inappropriate elevation of reconciliation for the victims of criminal status. Discrepancy between theory and practice is serious departure from the original purpose of the criminal reconciliation's value. Tracing the source, criminal Reconciliation does not uphold the concept of equity interests and the protection of legal interests. Reflections on theory and practice of errors, there need to establish the concept of protection of legal interests in criminal Reconciliation. Benefit from the law of criminal Reconciliation protection, and finally in Protecting, and, the equitable concept of legal interests protection should be protected through the criminal Reconciliation system.Clearing the status of Criminal legal interest in the criminal Reconciliation system and defining Criminal legal interest to determine the scope of the criminal Reconciliation as a ruler is reasonable. First, the crime against the legal interests of private is the application of substantive elements of the criminal Reconciliation, The benefits of crime against the law for a single legal interests, the sole benefit should be private legal interest. Crimes against the complex legal interest, we can divided it into major and minor legal interests, Only the main and secondary law legal interests are private legal interests, can we use Criminal reconciliation. Second, the statutory procedure for review by the settlement is the form of criminal elements, Review of whether the breach of the criminal settlement for "voluntary" principle and whether the offender's risk of recidivism. In short only substantial elements and form elements integrate; we can apply reconciliation scientifically, and thus protect the legal interests better. While the criminal reconciliation respect the individual right to dispose by oneself, It is not unprincipled and arbitrary action. The course of the exercise of individual rights, not to break the public interest and the balance between private interests, otherwise, perfect systems are non-effective and non-efficient systems in the social effect.