Problems And Perfection Of Criminal Reconciliation System In China

The new Criminal Procedure Law criminal reconciliation procedure made aspecial chapter provides explanations and Supreme People’s Procuratorate Criminalprocedure rules applicable to the specific criminal reconciliation were related supplementsand careful treatment, marking the formal criminal settlement system as an importantspecial program is determined. Criminal Reconciliation System refers to public securityand judicial or mediation under the auspices of the criminal proceedings the two sidesreached consensus through consultation, to fulfill a compensation agreement while theperpetrators get leniency or immunity from criminal punishment system. Under the policybackground and concept of the rule of law advocated building a harmonious society, toprotect the interests of victims in order to achieve a better return to society and violationsof human criminal settlement system as the goal, the value of the pursuit and the uniqueperspective of shining the light of reason and democracy. In this paper, the concept ofextraterritorial restorative justice as a starting point, the system introduces unique featuresand value system of criminal reconciliation problems and deficiencies by drawing outsideof restorative justice experience and analyze and summarize the current settlement systemexists, made recommendations to improve the system of reconciliation to achieve theperfect criminal philosophy and policy fit. Text is divided into three parts:Chapter One: criminal reconciliation system study, explores the origins of the originof restorative justice, philosophy and criminal reconciliation, restorative justice systemfor foreign were introduced, from the perspective of both theory and practice under thevision of the new Criminal Procedure Law Criminal make the interpretation of thesettlement system, analyzes the characteristics and values of our system of criminalreconciliation.Chapter Two: Criminal Reconciliation System of problems and shortcomings,pointed out the lack of the presence of absence of criminal reconciliation andinstitutional support native mode theory, there is the risk of being alienated in judicial practice.Chapter Three: recommendations for improving the criminal settlement systemshould be based on ideas proposed Chinese law, establish the concept of harmonycriminal settlement, sufficient to cover the system design, the construction of a soundsystem of criminal reconciliation through legislation, to explain the specific operationrefinement through judicial norms, advocates in the judicial practice strictly implement theprinciples of transparency and real-time performance of principle.