Study Of Criminal Reconciliation

Criminal mediation refers to a reconciliation reached between the offender and the victim in which a mediator accelerates the former to consult with and negotiate with the latter. The purpose of this institution is to restitute the broken relations in society and to make the offender turn over a new leaf and return to the community.China's traditional concept of criminal law is based on the country-based, stressing the national interest, not pay attention to the legitimate rights and interests of individuals. In recent years, with exchanges between states, harmonious and humane criminal law, human rights, enhancement of human nature, as well as Criminal Law for the people of the growing recognition of the administration of justice in our country from the Western experience, attention to the legitimate interests of the accused to enhance the transformation of criminals to return to society better, with a view to obtaining a good social effect and promote the building of a harmonious society; But on the contrary, in the protection of the rights and interests of crime at the same time, while the victim was deprived of the rights and interests of the security, social conflicts increasingly intensified, year-on-year growth in criminal cases, is no longer a harmonious society. In this context, the concept of the criminal settlement characteristics and the theoretical basis of the elaborated system combined with the reconciliation of foreign criminal investigation and criminal settlement of our reference, and an analysis of the value of the criminal settlement, the need for and feasibility of, and finally proposed the establishment of a harmonious society in China under the concept of criminal reconciliation system, thereby promoting criminal law of China's political transition to the public criminal law. This paper has the following components:Part I: an overview of the criminal settlement, as well as the relationship with the relevant areas. The paper introduces the definition of the criminal settlement, characteristics, origins, social background and the relationship with the relevant areas.Part II: theoretical basis for criminal reconciliation reconciliation with foreign criminal investigation system model. The main part of the criminal settlement, introduced the theoretical basis for the existence of the "theory of the restoration of justice," "equilibrium theory", "narrative theory" as well as the criminal pattern and practice of reconciliation content.Part III: Analysis of the Value of the criminal settlement. For justice, the people's sovereignty, people, and effective pursuit of such values to interpret the criminal settlement, while the dialectical analysis of the criminal settlement of a negative value that may exist and how to deal with the reality of the existence of the criminal settlement of a negative value.Part IV: China's criminal system to build reconciliation. Criminal reconciliation to our country to meet the need for and feasibility of the system as a starting point, through the analysis of the substance of the rights of the victims relief, perpetrator, such as re-socialization and the necessary conditions for the establishment of China's ideological and cultural basis, such as the legal basis for the existing objective and subjective conditions, The authors suggest that it should be introduced into the criminal settlement system in our country and the system constructed a series of questions put forward their own views and opinions.