On The System Of Criminal Reconciliation In Our Country The Criminal Policy

The criminal reconciliation shall mean the mediation between the victim and injury party held by the accommodator after the criminal happens, trying to settle the criminal disputes though negotiation. This system gives attention to the dual protection to the legal interest of both the suspect and the victim, and recovers the harmonious of the social relations being destroyed in the maximum. The criminal reconciliation is a pioneering invention of western criminal judiciary, the core theory of which is Restorative Justice. It reflects the legal value of equity and efficiency, and corresponds to our Criminal Policy of Temper Justice with Mercy and the era theme of building a harmonious society and Maintenance of Equity and Justice, thus being widely accepted in China. On the bases after consulting large amounts of legal literatures, the writer, starting from analysis of the original source and theoretic base of criminal reconciliation system and the relation between Criminal Policy of Temper Justice with Mercy in China and the criminal reconciliation system, promoted the design concept of the China criminal reconciliation system under Criminal Policy of Temper Justice using the methods of comparison and example analysis, and comparatively, analytically and dialectically borrowing from the operation mode of western criminal reconciliation system and related considerations, preparatory practice of criminal reconciliation in China and etc.