Basic Theory Of Criminal Reconciliation And Development

Given China's current legislative system, the criminal procedures for compromise and was not systematic, institutionalized status quo, with all over the city and from abroad of the legislative content, comprehensive exposition of the criminal settlement, and appropriate procedures need to adjust. Supreme People's Court issued in early 2010, "on the implementation of the criminal policy of combining punishment with leniency number of opinions" to give a brief outline of the criminal settlement for the legal status of the country, reconciliation procedures for the criminal part of the principles proposed requirements and guidance. Now people have realized that a criminal settlement with the value of social value and harmony of the law, in a pragmatic, rational consideration, began gradually to the criminal use of conciliation procedures and specific, but the system is not a single foreign goods, from ancient China The justice system can also seek a new path. This paper aims to reaffirm the importance of the criminal settlement legislation, and I think the proposed criminal settlement system in the process of establishing the necessary procedures and supporting some of the main program.Laws originated in the Qin Dynasty in China in the Sui and Tang dynasties down firmly, before political reform in the late Qing Dynasty, China's traditional thinking has been deeply rooted, "Supplementing, courtesy punishment and use, cultivation for the first" China thousands of years of legal thought. State mediation ancient behavior, from the Han Confucianism has been followed around, and its convergence with the Confucian value system, the concept of interest is very strong appeal, there has far-reaching impact on our society Traditional legal system in ancient China has been "combination of etiquette to gift-based" dominated by the idea, Confucianism and legal culture are inseparable, and even integration of the local village, clan, constitute the foundation of rural society. Local governments more and more government support, rural self-evident is the patriarch (the parents) the absolute authority for disputes. Ideological basis of the agricultural society, determines the farmers (the people) pay attention to live in peace, disputes are often seen as shameful.Accordance with the contract theory and the situation of our country's criminal reconciliation theory, in contrast to Britain and the U.S. system of plea bargaining when. We can reach this conclusion, whether plea bargaining or mediation, through the reality of contract theory, making an already cruel punishment has become more humane and better reflects the theory of criminal prevention and education function. Reconciliation through the criminal process, making the original more simple criminal proceedings, not only to achieve the function of punishment, but also to achieve the civil compensation as well as more education, enlightenment. Through the criminal settlement agreement, originally to be the case in many conflicts for the simple integration process between perpetrators and victims, between the Court and the Procuratorate, personal interests and social order are violated between challenges, many of the contradictions and conflicts, through the criminal settlement mitigation can be properly Contract will generate more social conflicts be resolved through contract once again, it will be more fit the theory put forward by public and private law relations between the blend.