Criminal Reconciliation Of Value Conflicts And System Build

Victim-offender-reconciliation criminal reconciliation, which compensates for the conventional solution of criminal cases, ignores the will of the victims of inadequate, to perpetrators and victims of direct talks to resolve the criminal characterized disputes, achieves criminal justice activities in a sound legal and social benefits. In this paper, based on the actual social of China with the Western concept of the spirit of reconciliation criminal, use of the relative value analysis and analysis of criminal law on reconciliation, not only from the utilitarian perspective on the Western Criminal reconciliation and the theoretical foundation of the social reality of positive significance and practical value, and focused on reconciliation and the theory of China's criminal legal system demonstrated, the concept of challenge, and the realization of China's existing laws and justice, the concept of effective integration of the people, on this basis, constructs the characteristics of the specific criminal reconciliation system to adapt to China. For the application of criminal justice departments practice reconciliation provides the basis for handling criminal cases and the judicial practice guidance.The article is divided into five parts, four sections.The first is Introduction. Mainly on the concept of a criminal settlement, the purpose and value of important practical and social significance. Western context criminal reconciliation has its own meaning and theoretical foundation, its production and operation of the system and the social background of the soil, simple and unhelpful used in the country to introduce the concept of criminal reconciliation, development and system construction. Western should be fully aware of the criminal background of the theoretical concept of reconciliation, the nature of content, mode of operation, the value of the system, and the concept of conflict of China's Criminal. China pointed out that in the theoretical problems and practical difficulties justice. In Western uphold criminal on the basis of the concept of reconciliation, for the establishment of our society with Chinese characteristics and the actual settlement of the criminal system.Chapter I Theory and Background: Criminal reconciliation Formation Mechanism. Criminal reconciliation system originated in western society is not a coincidence, precisely because of its ideology and social causes. The article outlined the formation of its four basis. (a) of the Penal Code individualism: the ideological foundation of the criminal settlement. (b) the lease spirit: the spirit of the nature of the criminal settlement. (c) composite justice (also known as the restoration of justice): Criminal direct theoretical basis for reconciliation. (d) participatory democracy: the social basis of the criminal settlement. Based on these four areas, not only directly pointed out that the criminal ideological foundation for reconciliation, but also from another plane on the existence of a criminal nature reconciliation content and value.Chapter II Criminal Reconciliation Value. Criminal reconciliation in the Western concept and the prevalence of the concrete practice of the reason, because of its criminal justice in resolving disputes in certain value, specifically manifested in the following aspects: (a) the fair value of Criminal reconciliation; (b) the value of the efficiency of the criminal reconciliation; (c) Criminal Penal Code reconciliation Modesty value; (d) Criminal reconciliation of the value of the times, the building of a harmonious society in line with the requirements of the penalty Qinghuan International Criminal trend, provide a new penal reform ideas. Thus, the criminal reconciliation solution to the conflict in our society, the building of a harmonious, safeguard social stability, the existence of important practical value and social significance.Chapter III Conflict and Challenge: Criminal Reconciliation Grounded Plight. Criminal reconciliation in the specific "China" in the process of our country's criminal justice philosophy .There is a certain degree of conflict. The article focused on analysis of the theoretical and practical difficulties plight. Difficulties in the theoretical part, it will focus on analyzing China's current criminal reconciliation and understanding on the criminal nature of the conflict, and deviated from the principles of legality, in line with the principles of criminal responsibility for the contradictions in the concept of equality for all the challenges; in the real plight of the people of criminal reconciliation and the concept of retribution collisions, and the compatibility of the right to indictment. The article detailed criminal reconciliation and the concept of China's criminal deeds, find a criminal reconciliation localization resources, criminal reconciliation system for clearing construction on the theoretical and practical obstacles. The article to eliminate the existence of the false conflicts surface in detail criminal reconciliation and the concept of China's criminal deeds, as a criminal search for reconciliation localization of resources for the construction of the system of criminal settlement cleared the theoretical and practical obstacles.Chapter IV Prospect and Prospect: Criminal Reconciliation and the Introduction of Construction. The article on the specific criminal reconciliation of the China construction of a comprehensive elaboration analysis of the theoretical circle for the first criminal reconciliation of the specific location of all viewpoints. Preliminary criminal reconciliation is not just a criminal justice system, at the same time is a criminal law concept, their disputes should be resolved in the criminal process be pursued. First in the criminal settlement institutionalized construction of the specific ideas, the first analysis of criminal analysis of the feasibility of the introduction of reconciliation, China pointed out that the introduction of criminal favorable conditions for reconciliation, including the political foundation of reality; traditional cultural foundation; the existing legal foundation; China's "Kuanyan of Jeju," "lightly numerous" criminal policy, and criminal justice policy based on the basis of practice. Second in the criminal reconciliation specific institutionalized design, That the applicable criminal prerequisite for reconciliation; applicable cases; applicable procedures; the auspices of reconciliation bodies, as well as the consequences of criminal norms, and so forth.