Investigation Of Criminal Reconciliation

Criminal reconciliation system, which has its origin in Western countries, is considered under the guidance of the theory of multiple criminal Proceedings value, in order to stabilize post-conflict society, realize the rights and interests of the relief of victims of a rational choice. The system in the mid-20th century in the western world has a wide range of development, whether in the civil law or common law system, it is subject to varying degrees of importance. Today, criminal reconciliation as a new model of criminal justice at the international level has been generally recognized, and has become a trend in today's world. In China, criminal reconciliation as a first exploration in justice department rather than theory department to enhance the reform measures which has obvious practical significance in addressing minor criminal cases, proper treatment to resolve social conflicts, promoting social harmony. It has been recognized by academic world and legal theory community which has been to explore and research, and has taken shape in a number of research results and theoretical point of view. But whether in theory or practice, by now, much study of criminal reconciled institution is just a shape because the experience of judicial Practice is poor and there is not any suitable measure. There are many elements which restrict the improvement of the criminal reconciled institution.Based on China's traditional culture, this article, combined with judicial practices in our country, Presents in detail the criminal reconciliation 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 criminal reconciliation system, a further step of this article is to Put forward a concrete conceive of building our criminal reconciliation system.In this paper, four aspects of the criminal reconciliation system are analyzed. At the first part of the article, it briefly outlines the reconciliation of the criminal system, in order to know the whole criminal reconciliation system. It is about introduction of specific meaning of a criminal settlement with the characteristics, and other relevant distinction between the concept and its emergence and development. At the same time, compared the distinction between the concept and relevant comparison, it provides a more comprehensive perspective about reconciliation of foreign criminal investigation system. The second part is the value analysis of the criminal reconciliation system. Criminal reconciliation 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:The fair value of criminal reconciliation; the value of the efficiency of the criminal reconciliation and the policy value of the criminal reconciliation. The third part is the present situation and operating obstacle of criminal reconciliation in our country. In this Part, the author is summarized the status of the policy in our country and points out its operating obstacle of criminal reconciliation. The fourth part is structure of criminal reconciliation system in China. The Article constructs a system of criminal reconciliation by discussing conditions, scope, stages, process and supporting measure.