Acceptable Ways Of Criminal Procedure From The Perspective Of Communicative Behavior Theory Research

The human is a type existence, has a kind of essence, this meant only thenindividual and the kind of realization unification, between the main body only thencan be together harmoniously.But however, at this point, as a result of each kind ofreason, humanity’s still in for own benefit the battle, this kind of battle existedbetween the human and the human, exists between the human and the nature.Thecriminal victim and the party causing an injury are the first-quality agriculturalco-op which neglects are met the community, took criminal case the litigant, they arethe entire case natural main body, but at in the criminal prosecution process, theydoes not have to express oneself wish fully the platform, their main body status hasnot obtained the respect which should have, inevitably affects them to the criminalprosecution way involvement, specially the criminal prosecution meets one’ssatisfaction the way the choice.Our country criminal prosecution meets one’s satisfaction the way to have theidea backwardness, the legislation at present unclearly, the standard not one, flawsand so on execution not strength, has not obviously conformed to the tidal currentwhich the criminal prosecution reforms.“The Chinese characteristic” the criminalprosecution meets one’s satisfaction the way not only according to thecommunication behavior theory construction is necessary, moreover is feasible.Thisarticle studies the criminal prosecution take the Kazak shell Mas’s communicationbehavior theory as the angle of view to meet one’s satisfaction the way question,meets one’s satisfaction the way regarding rich and the development criminalprosecution the research to have the important theory significance and the practicalsignificance.Paper is divided into five parts. Chapter I introduction, mainly deals with thisbackground, significance, status of experts and scholars at home and abroad, papers,research methods and structural arrangements. Chapter II describes the connotationsof Habermas ’ theory of communicative behavior. First probe into the theory of theorigins, followed by introduction of communication theories in the content. Thethird chapter describes the way Habermas communicative action theory, under the guidance of the Criminal desirable choice, and on it and criminal accord way ofinner logic for explained, and research in China criminal accord way of type, mainfrom victims and kill people participation action of three species accord way to foranalysis, specific including plea bargain trading, and criminal mediation andcriminal reconciliation, combination in China of reality, focus describes criminalmediation, and criminal reconciliation produced of background, and they in action inthe up to of active role. The fourth chapter analyses one desirable ways of criminalprocedure-criminal mediation, details about its meaning and characteristics ofcriminal mediation in judicial practice in China and analysis of the current situationand the difficulties faced by a, combination of last enlightenment from the theory ofcommunicative behavior, design a set of criminal mediation procedures in line withour national conditions. Fifth chapter describes the criminal procedure accordII-criminal the way of reconciliation, meaning and characteristics analysis ofvictim-offender mediation, and the problems faced in the process of China’s criminalprocedure generally, combine the understanding of communicative reason,victim-offender mediation programs made in accordance with our nationalconditions.