Criminal Settlement System

As a new type of penal judicial system , the penal mediation system has got the ball rolling in developed countries since the 20^th century . Nowadays , it's no longer a particular system which merely plays an important role in existing developed countries , however , it will provide us a new train of thought in the field of perform of our penal judicial system . It illustrates the growing sense of significance in the process of the construction of a harmonious socialist society in our country . The utilization and the assimilation of the reasonable factors of the system , and then building the penal mediation system with Chinese characteristics is also building a judicial system which is essential to our harmonious society .Based on China's traditional culture and the harmony idea of China , this article , combined with judicial practices in our country , presents in detail the penal mediation system and related issues , and clarifies its competitive superiority , and supported with the analysis of the penal principles and policies , as well as the utilization of the overseas practices of the penal mediation system , a further step of this article is to put forward a concrete conceive of building our penal mediation system .The article includes six parts in total . The first part illustrates in detail the conception of the penal mediation system and relevant ideas such as "the privately settled pattern" , "the plea bargaining " , "the mediation " , "the restorative justice " and so on , and then the feature of the penal mediation is notablely implied .The second part of this article inspects the social background and the origins of the penal mediation , and then introduces in detail the development of the penal mediation in England , France , Germany , and the New Zealand , and of course the practical experience of the relevant particular system model is assimilated .The value of the penal mediation is elaborated in the third part of this article with a view to the justice and the efficiency , and supported with the analysis of the "meek-stringent" integrated penal policy , the vitality of the criminal law , the requirement of building the harmonious society and the essentiality of the equal protection of victims and offenders , the impartiality of the penal mediation system is especially emphasized , and at the same time , the illumination of the efficiency of the penal mediation system in this part is entirely favor of the necessity of improving the efficiency of particular lawsuits along with the integrated efficiency of penal jurisdiction , together with the vitality of saving judicial resources .Throwing light on the practices of the mediation in the field of private prosecution lawsuits and the slight injure lawsuits in our country , the fourth part of this article presents at length China's test of the penal mediation system .The fifth part of this article elaborates the essentiality of putting the penal mediation system into practice in our country , and the probability of the practice in the context of the current trends of slight punishment and the humanistic notion of respecting the human rights in the world , and the background of traditional culture and the harmony idea of China , especially the confirmed function of basic-level mediation organizations in our country .The last part of this article attempts to construct a particular penal mediation system with Chinese characteristics which is corresponded with our national conditions and penal policies in support of the selecting of the pattern , the premise , the range , procedures , the efficacy , and the mechanism of direction of this type system and so on , and especially the mechanism of guarantee by means of the institution of law and the establishment of assorted measures are consequent consideration in the proposal above .