On The Application Of The Criminal Reconciliation System In Our Country

The traditional theory of criminal law argues that crime is not against the interests of the individual, but "a struggle of an isolated individuals opposed to the ruling class ", and is a kind of destruction to the national norms and the overall order. Therefore, all the conflicts between individuals have been transformed into the conflicts between individuals and the nation. Then the state Criminal Law as well as the Criminal Procedure Law were enacted through the ceremony of the trial, criminal who was identified as one of the parties will be sentenced to imprisonment, as the core instrument, for punishment. This traditional way of penalty, though has a great meaning in the realization of the punishment of offenders, highlights social justice, it has also brought a huge negative effects, like prison overcrowding, the high cost of justice, the education result of the prisoners is not so good, the victim's actual loss can not be supplemented. Therefore, the establishment of a penalty system which can effectively safeguard the interests of victims, can overcome the above drawbacks of traditional system of penalties in the penal system has become one of the most significant topics in the current judicial reform process.The author states that during the current penalty system reform, we can consider to learn the western society restorative justice approach, and take in the "criminal reconciliation" system with Chinese characteristics, that is to establish a judicial system which "allows the parties of both the criminals to have a face-to-face contact, and facilitated through mediation by the judiciary, and finally reach a mutual settlement. When the victimization side, who is also the criminal, realizes that the nature of the act done by itself and has compensation for losses, apology, etc. to show their repentance mood and then understood by the counterpart, the judiciary can terminate the judicial procedure, or the criminals can be sentenced not so heavily". If so, the criminal justice system will avoid the negative effects caused by the traditional penalty system mentioned above. The legal value of criminal reconciliation, firstly, in the legal principle in criminal law, criminal reconciliation accepts the concept of tolerance which represents the call for lighter punishment; secondly, in the judicial proceedings, criminal reconciliation has created a new type of procedure form of the settlement of criminal disputes (crime) which take the free contract spirit into the criminal court procedures and in compliance with the deeds of the people's aspirations; again, in the case of model, criminal reconciliation will include the Community Correction methods which highlights of the combination of the rule of law and civil autonomy; thirdly, in the criminal justice system, criminal reconciliation provides a platform for the individual to choose the disputes resolving method freely , and it also drives the "public law" to transform into the private law. Its social values embodied in: firstly, to promote the building of a harmonious socialist society; Secondly, the system helps to strengthen social supervision; Thirdly, it is beneficial for the economic litigation; Fourthly, it is helpful for the state and society to make up for the inadequate protection of victims.The concept of "Criminal reconciliation" rooted from the local legal ideology, and as a traditional ancient civilization nation, China's civil dispute mediation organizations have been relatively developed, whether in the official and civil level, its organizations have a relatively mature system. The implementation of the criminal reconciliation system in our country not only has its unique basis of the theory, cultural, legal and criminal policy; it also has a certain historical practice and experience. The implementation of the criminal reconciliation in our country must have two subjective basic prerequisites: the criminal parties defend with guilty and both the parties agree with reconciliation voluntarily. And it also has an objective prerequisite, that is the basic requirements of the evidence in relation to the facts of the case. Criminal reconciliation applies to the light criminal cases, including minor delinquency, all types of criminal negligence, as well as theft between relatives and the neighborhood, the small amount of fraud, snatch, extortion, etc; the cases which do not apply to misdemeanors crime and pollution cases. Reconciliation should be defined as a quasi-judicial process, which is not included by the criminal proceedings. To the legal character based on the criminal judicial reconciliation, the procurator organs should carry out its supervision functions.