Criminal Reconciliation System

Criminal reconciliation is the trend of criminal thought borne in the middle of the 20^th century in the West. It has a profound effect on the criminal legislation and the justice practice. As a new method of dispute solution, criminal reconciliation seeks the balance of multiple values by taking restorative justice as core. It gradually formed a comparatively complete theory system in Germany, Britain, France, and so on. Criminal Reconciliation puts forward a new method judicial innovation in criminal system in China. However, because of the internal value conflict and the faulty implementation of the system, the criminal reconciliation has caused a series of problems. In process of advancing the criminal reconciliation, it is of necessity to guide and regulate this system to improve the criminal justice. This thesis discusses the arisen causation of criminal reconciliation firstly. The causation includes harmonious society and the criminal policy of combining punishment with leniency, the theory of "restorative justice " and successful justice practice in the West, the requirement of justice practice in China. We discuss the practical basis in the second part. It includes theoretical foundation, cultural foundation, legal foundation and practical experience. In the third part, we discuss the theoretical challenge and actual anxiety. The theoretical challenge includes the relation between the system and the principle of guilt and punishment determined by law and the principle of punishment suiting to crime, between the system and penal purpose, between the system and equal concept. The actual anxiety includes the status of criminal accusation organ, the anxiety of voluntary degree. Finally, we discuss the advices to perfect criminal reconciliation. It includes basic principles and detailed institutions.