Victim-Offender-Reconciliation In The Perspective Of The Criminal Policy Of Tempering Justice With Mercy

For a long time, all individuals are treated as criminal offenses against the State, against the social interests. China’s traditional concept of criminal justice legislation is also consistent with the emphasis on nationalism and collective interests, that crime is a personal and national conflicts, which violated the interests of the country, the penalty is a kind of public power, the criminal prosecution of people can only conducted by the State, does not allow the parties settle on their own. China’s Criminal Procedure Law also provides for criminal proceedings and with only the civil part of the case of private prosecution can be reconciliation.But as to protect the interests of victims of criminal, policy-oriented trend of the rise of the criminal settlement gradually coming into view. As the Lord Chancellor in 1957, the first official Mage Li·Fred criminal settlement,, the criminal settlement on a global scale, especially in common law countries, to promote rapid development. Criminal settlement system makes it the value of freedom and order to achieve a balance between trade-offs. Into the twenty-first century, our country’s criminal policy of combining punishment with leniency under the guidance of the criminal settlement have begun to explore.This paper is divided into four chapters of the criminal settlement system and its construction started in our discussion. The first chapter, the criminal settlement system briefly analyze the origin of the criminal settlement system and the resulting theoretical basis. Chapter II, China adopted a policy of reconciliation based on the criminal, and fully explained the penalty in addition to the development trend in the world, with the changes in China’s criminal policy, the new criminal policy-JUSTICE introduction of the policy, also contributed to the criminal settlement in China exploration. Chapter III, the judicial settlement of the criminal status of exploration and possible problems of reconciliation through the exploration phase of the criminal situation, there may be problems, a comprehensive analysis of the necessity of the implementation of the criminal settlement. Chapter IV, the construction of the criminal settlement system is key part of this article. To achieve the greatest value of the criminal settlement, proposed settlement of building a criminal regime. Among them, the application should be combined with the possible sentencing range and types of cases, special circumstances apply to part of the felony. In the main, including the judiciary, and the injured party harm Party, people’s mediation committees, relatives and lawyers of both parties. Among them, the harm, whether a natural person or party unit, may become Participants in the criminal settlement, but the crimes committed by units of the unit taking into account the penalty imposed is a single system, the lighter sentence after a settlement should be reflected in the direct and primary responsibility punishment on those responsible; the injured party is a unit in the case, they have to distinguish according to the nature of units, a unit of state-owned properties to exclude the participation in the criminal settlement outside the main body. Relief procedures, the author according to the different stage of the proceedings, to determine the different proceedings; relief route, the main consideration in the settlement agreement are not performed in the next, how to protect the interests of the injured party, and the wild speculations in the case of the injured party How to protect the legitimate interests of parties harm.