The Research On Criminal Reconciliation System

Since the late 20th century, restorative justice and the Western system of plea bargaining began to spread into our country, for the attention of some scholars, our study has proposed a new "restorative justice with Chinese characteristics"-a criminal settlement, so there have been scholars and legal practitioners who comment on the criminal settlement, and put forward their views are many. After induction, I found the views of scholars are mainly three types:The first view is that the criminal is not suitable for China's national reconciliation, the people, and is not suitable in China engaged in a criminal settlement. Second view is that the criminal settlement with China's current economic and cultural level is not used to, need to wait until the level of China's economic and cultural development to a certain extent and then more appropriate to consider the introduction of the criminal settlement. The third view is that the establishment of full compliance with the conditions of the criminal settlement, and China's traditional culture as we laid the cultural foundation of the criminal settlement, our country should be the birthplace of the criminal settlement. But few on how to establish concrete mechanisms of the criminal settlement viable proposals.Based on the comparison of domestic and international criminal settlement system to identify the criminal settlement system of the current inadequacies of existing, proposed his own idea of improving the system of criminal settlement Conciliation with its system of justice in the application of practical benefit.The first part is about the Analysis of the concept of the criminal settlement, Unlike the criminal settlement of criminal mediation, but also from the civil settlement.. Criminal settlement with the criminal is a criminal by face to face conversation between the victim, consultation, with understanding, based on the main way to compensate for the criminal dispute resolution mechanisms. All times, on numerous instances of criminal reconciliation held in the Chinese, Litigation, interest litigation, no defendant is to strive for the characteristics of the "Harmony" shaped the ancient system of criminal reconciliation. The modern Western restorative justice and criminal settlement of ancient China is thinking the same thing, which is today established in China thinking of the criminal settlement mechanism provides support and system reference.The second part is mainly to inspect the western criminal settlement, the West plea, restorative justice and reconciliation in our country there are many similarities between the criminal, useful reference.The third part of the status of the criminal settlement system to analyze the problems and pointed out the lack of standardized guidance, everyone is quite different understanding of the criminal settlement, the actual operation is different and no uniform standards, understanding not only brought the mixed theory, but also to bring a lot of confusion practitioners.The fourth part discusses the positive significance of the criminal settlement from the perspective of the victim, the offender's point of view, the perspective of the judiciary, respectively, which demonstrates the need to improve the criminal settlement; from traditional culture and the perspective of game theory demonstrates a perfect system of criminal settlement feasibility. Game theory is the establishment of the criminal settlement mechanism provides a theoretical basis, the author creative use of game theory demonstrates the reconciliation mechanism for crime in our country is the best choice for both parties point of view. Finally, to establish a standard form of reconciliation mechanism is necessary to establish proper oversight bodies to monitor the appropriateness of reconciliation; also play a guiding role of the judiciary, the judiciary should be culturally, ideologically, to the public and judicial staff to guide so that we know reconciliation, identification of criminal reconciliation; Finally, the establishment of understanding as the basis, the proportion of criminal fines as a means of Plea Bargain System.