Criminal Reconciliation Applicable In China

Criminal reconciliation means you can apply the reconciliation of criminal case, the parties in mediation organization coordination by injures, by compensation, apologies, a statement of repentance, community service and other way to get the victim's understanding, the victim to reach a settlement agreement to handling organs presented or agree to put processing, handling of authority card to make barred after the examination system of punishment lightly. Criminal reconciliation produced in foreign and after a very long time, but appeared in our country and use is not a long time, because the law on this problem did not make unified regulation, therefore practice also appeared a lot of confusion and problems. This paper summarized the significance in past development is based on the experience of future for criminal reconciliation in the development of our country make a preliminary planning and outlook, at the same time, to solve practical problems puts forward some solving measures.This paper first chapter firstly the meaning of victim - offender mediation is elaborated, academic different viewpoints statements and elucidated. Then, on the criminal reconciliation in exile development condition is introduced, the settlement of several main patterns are summarized.The second chapter analyses of the victim - offender mediation in our country, the feasibility of applicable firstly introduces the function of criminal reconciliation, including maintenance the victim's benefit, make up the victim loss, Help injures better and better return social contradictions, Saves judicial resources and improve the efficiency of lawsuit. Meanwhile, analysis the criminal reconciliation and criminal basic principles, namely the statutory principle with crimes, principle of suiting punishment, the principle of equality contradiction and integration. Through the analysis of value of criminal reconciliation proved criminal reconciliation in our principle foundation. At last, it points out that the victim - offender mediation in our country in applying thoughts and institutional basis.The third chapter applicable criminal reconciliation in China are introduced the current situation and existing problems. At present, although all parts of began to explore the applicable criminal reconciliation, and also have the relevant local regulations come on stage, but the law is not clear cause applicable process procedures and entity in the confusion, whole applicable rate low still outstanding.The last chapter in chapter 3 questions on the base of the victim - offender mediation in our country in applying programs and entity constructing makes a preliminary planning, including applicable range and conditions, start-up mode, host, and the content of the agreement and execution, etc. At the same time in our country at present some problems appeared puts forward corresponding measures to solve specific have established compensation standard, establishes the compensation, to establish a criminal reconciliation supervision mechanism and to determine the deferred prosecution, etc. Through the above-mentioned content clearly defined, criminal reconciliation applicable encountered in the scope and the way is not clear, the applicable rate lower problems can be solved.