The Research On Criminal Reconciliation Under Harmonious Society

In 2004, Comrade Luo Gan proposed the criminal policy of combining punishment with leniency at the Central Work Conference of politics and law court system. On December 28th,2006, the Supreme People's Procuratorate passed certain opinions on carrying out and implementing the policy of the criminal policy of combining punishment with leniency in the procuratorial work at the 68th conference of the 10th the procuratorial committee, and proposed specific requirements and standards that the implement of the criminal policy of combining punishment with leniency by Supreme People's Procuratorate. On February 8th,2010, the supreme people's court issued certain opinions on carrying out and implementing the policy of the criminal policy of combining punishment with leniency, which pointed that the policy of the criminal policy of combining punishment with leniency is a basic and important criminal policy in China during the new situation of building up the harmonious society. It has a special significance in order to maximize the prevention and reduction of crime, resolve the social conflicts and maintain the social harmony and stability.Applicable criminal reconciliation is good for implementing the criminal policy of combining punishment with leniency very well. The so-called criminal reconciliation is also called the reconciliation between the victims and the aggressors. It refers to that solving the criminal disputes by direct negotiations after the crimes have happened under the help of the mediator (usually a social voluntary personnel), in order to restore social relationships destroyed by the aggressors, compensate the victims for injuries suffered at the crimes, restore the harmonious relations between the victims and the aggressors, and then return the victims to the society. By the face-to-face conversation of the aggressors and the victims, the aggressors understand that their harmful behaviors bring about the painful of the victims, waking up their self-consciences. They will realize the harmfulness of their behavior, and take the initiative to apologize and compensate the victim for injuries suffered at the crimes. Then, the victims will be compensated from mentally and physically, and the actions of the aggressors. As a result, the social relationship restore to the harmonious state before harmful behaviors.In this article, we analyze the criminal reconciliation system from the view of punishment law, jurisprudence, multidisciplinary criminal procedural law, meanwhile, combining the present criminal justice system in China, we think about building the mode of the criminal reconciliationin China.The article is divided into four parts. The first part is mainly elaborated the relationships between criminal reconciliation and harmonious society. Firstly, at the base of the concept of criminal reconciliation, we illustrate the applicable conditions and observed principle, and make clear the connotation and denotation of criminal reconciliation, at the same time, we make a difference between the "Compounding" and "money-penalty" to prove the applicable rationality and legality of criminal reconciliation. Comparison with other similar systems, we compare with criminal reconciliation, the relevant of restorative justice and the Plea Bargaining System by the beginning of the generated source, the main body of participators and the applicable range, then we draw the differences between them. At last, we analyze the relationship between the harmonious society and criminal reconciliation, expound the main content of a harmonious society and the pursuit of core values, the connotation and pursuit of criminal reconciliation in harmony with criminal reconciliation.In the second part, we analyze the legal basis and value of criminal reconciliation. This is an important section of this article. At the beginning of this part, we introduce the legal basis of the criminal reconciliation with the three theories, the "equilibrium theory", "narrative theory" and "restorative justice theory", which constitute the basis of criminal reconciliation. Then, we put forward that there is not conflict between criminal reconciliation and the substantive law, which embody that it is unnecessary for criminal reconciliation to damage the culpable punishment of crimes legal, consistent principle, the austerity of criminal law, the applicable subject of penalty power. Secondly, as for the value analysis of criminal reconciliation, we mainly elaborate from the aspects:the victims'compensation value, the aggressors'social return value, the society 's stable value as well as the judicial organs' effectiveness value, and so on, in order to fully express the value of criminal reconciliation. The third part is the necessity and feasibility of criminal reconciliation in our country. To illustrate the necessity and feasibility of criminal reconciliation in our country, we should note the disadvantages of the present criminal justice, the basic conditions of applicable criminal reconciliation. We conclude that the necessity and feasibility of criminal reconciliation by means of the disadvantages of the present criminal justice, cultural foundation, the criminal policy of combining punishment with leniency and the good response pilot of criminal reconciliationThe fourth part is problems and countermeasures of constructing criminal reconciliation system, and this is an important section of this article, too. In this part, we mainly build the criminal reconciliation system from the three stages of the investigation stage, the review Prosecution stage and trial phase, and analyze the different stages. In the end, we propose the countermeasures of the Chinese characteristic of constructing criminal reconciliation system.