On China's Criminal Reconciliation System In Way Of Native Practice

Come from western transplantation victim-offender-reconciliation system, to a great extent, mainly used in the urban social, industry and commerce, social and strangers society. China's current judicial system research, are to modern city life as the background, normative legal research method with, many with Chinese grass-roots society, ignore the has nothing to do local resources and judicial practice to the construction of the rule of positive meaning. Seems to judicial knowledge and judicial practice, it seems the judicial knowledge is not not from judicial practice to produce, and just from the jurist produced in mind. The judicial system of research is not a Chinese judicial, not even all of contemporary Chinese judicial most key parts. We really influences the life of the ordinary people of the judicial conditions do not quite understand. This article through to the judicial practice and experience in the research, and demonstrates the local resource and the rule of law practice to the construction of the system of criminal reconciliation significance, and on the criminal reconciliation system reform and perfect was put forward. This paper is divided into the following five parts:The first part of the criminal reconciliation from generally defined and background, this paper discusses the connotation of the criminal reconciliation.The second part from criminal reconciliation system to achieve overall justice, enhance legal effectiveness, improving the efficiency of lawsuit, formation multi-win situation, prevent new crime, promote social reconciliation six aspects, this paper analyzes the construction in our country criminal reconciliation system of the value and significance.The third part from our country criminal reconciliation theoretical basis for all parties to start, through the analysis of the debate and that of Chinese and western criminal reconciliation is the theoretical basis, and demonstrates the our country criminal reconciliation the development of theory into the way. The fourth part by empirical study, this paper analyzes the criminal reconciliation system in China and the status of the judicial in judicial in operation, the thesis demonstrates the problems resulting from local resources and the judicial practice in our country to build criminal reconciliation system, it is concluded that the role of law in our study should pay attention to local resource and judicial practice conclusion.The fifth part according to analysis the problems found in the above paragraphs, relying on local resources and judicial practice, from the Chinese traditional culture essence, absorbed in based on the practice of constructing conforms to our country actual criminal reconciliation theoretical basis, shaping authority heightened public identity, expanding the criminal reconciliation channel, perfect the system design security criminal reconciliation and authenticity of the judicial power of the correct exercise, rich criminal reconciliation and perfect the criminal reconciliation way supporting system, the integration of the judicial practice in the judicial practice of accumulation of local knowledge and technology eight aspects, and puts forward some Suggestions about constructing Chinese characteristics of the system of criminal reconciliation Suggestions.In conclusion, the criminal reconciliation system that the transplant and localization of the dialectical relationship between local practice, and prompts for the construction of the rule of law in modern China, meaning.