Criminal Reconciliation Theory Analysis And System Construction

In the field of criminal justice, most of the judicial activities research whether there is a crime, whether around bear criminal responsibility. So the inflicter becomes the center of the whole criminal justice system for granted, emphasizing to safeguard his/her right from procedure. The inflicter should be punished after investigation,prosecution and the trial, yet few focusing on the interests of the victim protection. In such a judicial philosophy, the crime does not reduce. Cross infection,legal white,label effect and so on become more and more serious. As a result, the research of protection of the victims'rights and witness's returning to society become the theory hot, criminal reconciliation system came into being.In the process of criminal procedure, the victims,the witness and their close relative communicate with each other face to face, both will reach a settlement, which should be confirmed by state organs, in the premise of witness'confessed, compensation and apology. In essence, criminal reconciliation and the three basic principles of the criminal law consistent with each other.As a system, criminal reconciliation shall not apply to all the criminal case, only in specific range, including minor crime, criminal negligence, the following three years imprisonment cases. Due to the different stages of the place, criminal reconciliation presents a different processing mode. In the investigation phase, there is evidence to prove that the victim of the minor criminal cases and victims injures reach a settlement agreement, public security organs can revoke the case after procuratorial organs'record. In the stage of review and prosecution, procuratorial organs can be made relatively not to sue processing, if the circumstances are minor and the criminal suspect show repentance in obvious, the need for the sentenced to a punishment, suggestions to the judicial organs, be given a lighter or mitigated punishment. In the trial stage, according to the circumstances,confessed attitude,performance step to repentance and so on, the court can reduce the defendant's punishment. Criminal reconciliation can make up the victim's material damage, remove the injured heart, promote the aggressor's repent and start anew, help injures back soon society, eventually to protect human rights,to prevent crime and the whole social harmonious state of unity.