"big Mediation Mechanism Of Criminal Reconciliation Model Construction

As an important pattern and pathway of dispute settlement,reconciliation is developing accompanied by the development of humansociety. In recent years, with the rise of criminal reconciliation theory,many parts of our country has began the exploration of the criminalreconciliation system. On March14,2012, the fifth meeting of the11thNational People’s Congress adopted “the amendment of the Code ofCriminal Procedure of the People’s Republic of China”。 The amendmentregulates the reconciliation procedures of cases of public prosecution inspecific ranges, but the criminal reconciliation is defined in the judiciarydominant pattern, does not match with the plurality of social contradictiondispute current situation. This article from the basic theory of criminalreconciliation combined with the current view proposed to mediate thedispute settlement mechanism as the core, based on the analysis of thestatus of criminal reconciliation in China, to analyzing the amendment tocriminal procedure law on the advantages and disadvantages of provisionsof criminal reconciliation. And proposed to build a criminal reconciliationmode under the Grand Mediation Mechanism, to realizing the value ofcriminal reconciliation. This article is divided into four parts：The first part of the article elaborat the theory of criminal reconciliation. Starting from the traditional dispute solution ofreconciliation, this part elaborates the concepts of criminal reconciliation,theoretical dispute and the advantage compared with the traditionalcriminal justice, so as to demonstrate the necessity of constructing thesystem of criminal reconciliation. On this basis of the previously mentioned,this part explore the cultural background, the theoretical background andsocial background of criminal reconciliation, and compare it with thewestern restorative justice, plea bargaining and other related theories toreveal the meaning of the Criminal reconciliation.The second part of the article review the theory of the grand mediation.From the meaning, the background and theoretical origin of the grandmediation, this part summarize the grand mediation mechanism and focuson the practice model and characteristics of it in order to demonstrate thecompatibility of the grand mediation mechanism and criminalreconciliation system.The third part is about the current situation and deficiency of ChineseCriminal Reconciliation. This part first introduce the development status ofthe Criminal Reconciliation System, and the patterns and characteristics ofthe criminal settlement practice in parts of the country; And on this basis,Introduced The Criminal Procedure Law amendment witch just passed, critical analysis of the amendments on the provisions of the criminalsettlement system, and summarizes the drawbacks of our current criminalreconciliation system.The fourth part is to elaborating the conduction of the criminalreconciliation mode under the grand mediation mechanism. Firstly, analysisof the advantages of conducting the criminal reconciliation mode under thegrand mediation mechanism,such as meeting the needs of diversificalsocial，resolving conflicts effectively，avoiding the excessive interventionof public power，and saving judicial resources and so on, witch make up thelack of regulations by the Criminal Procedure Law amendment, In order toprove the advantages of this mode. Finally, this part discuss how to buildthe criminal reconciliation mode under the grand mediation mechanism，and design the criminal reconciliation procedures of the mode in order tobuild a pluralistic dispute resolution mode.