On The System Of Criminal Reconciliation

In 2012,the revised Law of Criminal Procedure incorporated criminal reconciliation into the chapter of Special Procedure for the first time.From its narrow scope of statutory application and unreasonable application stage,we can tell that law was still relatively conservative to the criminal reconciliation.This article is aim to reinterpretation the criminal reconciliation system by discussing the source of power from the perspective of social contract.The state power was derived from the contract on the basis of citizen negotiation. Similarly,the power of punishment with the feature of public rights was transferred from individual private rights.But when numerous private rights were together to form public rights,public rights with its forces will compel the authorized person,namely the private right subject in a relatively weak position,sometimes even deviate from the purpose of the authorized person.Due to the return of the nature of rule of law asked by the modern lawful concept,penalty power,as a state power,is required to contract its scope.So from the perspective of social contract,expanding the scope of criminal reconciliation has certain rationality.In the process of seeking the conjunction between criminal reconciliation and criminal substantive law,it is apparent that felony applicable criminal reconciliation does not violate the basic principles of criminal law.By drawing from the law of the integration of application scope from overseas and special provisions of the minor crime,our country should reasonably expand the applicable scope of the criminal reconciliation in the legal interests infringed by criminal behavior,subjective vicious of offenders,and the particularity of cases.The central principles of judicial reform trial ask criminal reconciliation procedure can only be apply in examination and prosecution as well as in trial stage,but absolutely prohibited in investigation phase.The method of supervision by procuratorial organs jointly with supervisors is adopted to fill the blank of supervision mechanism in the criminal reconciliation procedure.At the same time, the judicial organs should strengthen the investigation of reconciliation voluntarily,protect the voluntary of reconciliation,and try to prevent the generalization tendency of criminal reconciliation.