A Study On The System Of Criminal Reconciliation

70 years of the 20th century, the criminal settlement in the West emerged and began to spread worldwide. In China, with building a socialist harmonious society, continuously push forward, at present, there are many areas in our settlement system of criminal attempt, in 2002, China's Shanghai, Beijing, Jiangsu, Tianjin and Guangdong provinces to carry out the "Community Correction "is the gradual introduction of judicial practice in China," Criminal reconciliation "the embodiment of the system. November 3, 2006, Hunan's Procuratorate promulgated the "reconciliation on the application of criminal prosecution for criminal cases (Trial)" and issued a province-wide promotion. July 24, 2009, the Beijing First Intermediate People's Court promulgated the "criminal trial on the specification of the number of criminal reconciliation guidance" for the principle of the criminal settlement, scope, conditions, procedures, legal consequences, supervision and inspection and law and so made a clearly defined responsibility. All this suggests that the criminal settlement system is to promote and regulate the country gradually.Criminal settlement in the West known as the "perpetrators and victims of reconciliation" is defined by the mediator to talk directly to victims and perpetrators, and common economic compensation negotiated settlement agreement, the judiciary according to the specific circumstances of the case made in favor of harm the criminal responsibility of disposal of litigation activities, which include economic damages and criminal liability for disposal of two procedures reconciliation process. In China the concept of reconciliation on the criminal has yet to form a consistent point of view. Comparison of the prevailing view is that generally refers to criminal reconciliation after the crime, through the help of a mediator, so that victims and perpetrators direct talks to resolve a dispute or conflict, the criminal justice system. Although the settlement of the criminal system has a different definition, but for the purposes of criminal justice, criminal settlement in the West decades of judicial practice in the field of criminal justice reform and an attempt, it has changed our traditional criminal justice country-based, emphasizing the exercise of state offenders and offenders for correction of sentence of Criminal Justice. More emphasis on criminal settlement system concerns the rights of victims, this is the theory of criminal justice research and practice a new concept. Countries, the perpetrators, the victim's interests can be balanced through the criminal settlement.Criminal settlement system of criminal law and humanity of the width and the embodiment of compassion and mercy of human emotional system concentration, is based on social reality and the "Leniency" of the criminal policy considerations implemented after the move to a certain extent played an active role in crime prevention. In resolving social conflicts and reduce social confrontation undoubtedly play an important role, it reflects the people-oriented, the pursuit of the rule of law concept of fairness and justice, it is a criminal settlement in our country has good development prospects. Currently there is no clear reconciliation of the criminal laws and judicial interpretations, all over the judiciary is still the exploratory stage, there is no ready examples, we in the judicial practice of not much practical application. Strict accordance with the law for the protection of the criminal settlement, protect the legitimate rights of the parties, without prejudice to public interests, but also to establish the appropriate oversight and control mechanism.Criminal dispute settlement mechanism as a solution to the criminal, showing the relationship between various criminal laws of humanity, tolerance and compromise, which is the embodiment of people-oriented. Reconciliation in our criminal system is a new attempt, we need a full comparison, reflection, exploration. Criminal Mediation process will become the highlight of the rule of law.