Temper Justice With Mercy In The Context Of Criminal Reconciliation

Harmonious society in the current context and tempering criminal policy background, along with the further development of judicial reform, the criminal reconciliation, as a kind of maintaining social stability, promote social harmony accelerator got more and more extensive attention. According to the current national judicial organs of most cities are the procuratorial organs of criminal especially reconciliation has many beneficial attempt。Hunan provincial people's procuratorate also established "about the procuratorial organs applicable criminal reconciliation of criminal case regulation (try out)", to promote hunan area. Criminal reconciliation practice work in China also vigorously in China, we should to local environment inoculated victim-offender-reconciliation system with Chinese characteristics are analyzed , clear the applicable scope of the victim-offender-reconciliation system, the applicable conditions, etc, and based on the current criminal reconciliation in the practical work, the analysis of the Chinese set up standard the victim-offender-reconciliation system into the road.The formation of the victim-offender-reconciliation system as the influence of Chinese traditional culture, and in the western theory of restorative justice for reference. Chinese native for criminal reconciliation are based on the practice exploration of harmonious society and the criminal policy of tempering justice with mercy "guide, be in judicial practice, for criminal reconciliation among lack in China under the specific application environment. In this paper, first, the meaning of victim-offender-reconciliation system to regulate, and distinguishes the generalized criminal reconciliation and narrow sense, to the criminal reconciliation in the analysis of the Chinese criminal reconciliation system, can have clearly defined as , not produce scope of the unknown. Secondly , for Chinese victim-offender-reconciliation system , analyzes the time status in China's criminal reconciliation system characteristics. The characteristics of Chinese special rule produce national conditions, the progress of Chinese rule of growth in other ways, not the model to set for state of China's criminal reconciliation system, and should with the practice of China's criminal reconciliation, summarizes the development of Chinese rule of law with criminal reconciliation system. Finally, this article through to June 2010 ChongWenOu people's procuratorate of Beijing municipal formulated by the people's procuratorate criminal reconciliation ChongWenOu work implementing rules (draft) "carry on analysis, described in the criminal policy of tempering justice with mercy" in China , building victim-offender-reconciliation system more important questions.