| Criminal reconciliation originated in the nineteen seventies western, be western criminal law theory decriminalization, non-penalty trend and protection of victims rights movement the product, is restorative justice in a model. As a new crime reaction mechanism and the way to resolve disputes, criminal reconciliation both victims and offenders legitimate rights and interests of the dual protection function, to maximize the recovery was destroyed by crimes social harmony.Criminal reconciliation system because of its unique value and function, much of the rest of the world the favor. In China, the criminal reconciliation has a long history of traditional culture foundation, also has the realistic background of criminal policy. For thousands of years, Confucianism, Taoism advocates and rational thought, the concept extends to the field of the legal system, derived from the no litigation thought, income v.. Communists create mediation system, contains harmonious justice theory. Criminal reconciliation to ease the contradiction, resolve grievances of the value pursuit and the criminal policy of combining punishment with leniency and the construction of harmonious society coincide.In recent years, the criminal reconciliation in China by the academic circles and the judicial world widespread attention. Academia from different aspects of the theoretical basis of criminal settlement and the judicial application of the judicial practice, has carried on the beneficial exploration and trial. Its practical value is gradually getting courts at all levels of attention and recognition, and in the work of criminal trial operation and application, and achieved good social effect. But as a result of the criminal reconciliation in law there is no explicit provisions in practice, and the lack of perfect system mechanism and procedure of security, is suitable in the process is also facing many difficulties and deficiencies. These problems are worth our attention, study. |
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