Criminal Reconciliation System And Its Practice In Our Country

In March,2012,"the decision on amending ‘the law of the Peoples Republicof China Law of criminal procedure’" has been passed on the fifth session of theNational People’s Congress. In this decision, it has clearly stated that thevictim-offender-reconciliation system in public prosecution cases is one of fourspecial procedures. In this system, the victim and offender can talk and negotiate.Therefore the impact towards victim should be reduced by the offender’scompensation, apology and other ways. This system was a kind of way that itcan resolve the conflict peacefully and also fully reflect the humanizations; it canrecovery the justice well and to minimize the social contradictions and conflicts; itcan embodies the legal effect and social effect of the criminal law. This purposeof this paper was to study the establishment background, the theory evidenceand the practice condition of this system so that we can further understand thenewly established procedure of this system, and put forward some of myopinions on the legislation which is not stated on the law.Firstly, this paper has analyzed the concept of thevictim-offender-reconciliation system,and then evaluated the value of thissystem and considered that its positive significance was mainly lied in thefollowing points: it was beneficial to the recovery of the victim both on materialand spiritual; it was beneficial to the offender to better return to the society; it wasalso beneficial to the both of parties to get rid of fatigue from lawsuit; and it wasbeneficial to raise working efficiency and so on. However its negativesignificance was mainly embodied in the possibility that it may have someimpaction on the existing principles of law and to weaken the general preventionon some extent. Secondly, this paper has studied the theoretical foundation ofthis system and considered that some theories such as narrative theory, balancetheory, restorative justice theory and the restraining criminal law theory etc. canprovide reasonable grounds for this system. There was no inconsistent amountthe criminal reconciliation system and the concept of "conviction and penaltyaccording to law","presumption of innocence" and "equality of everyone beforethe law" and so on. Thirdly, this paper has done some research on judicaturepractice and came a conclusion that the system was affirmed by the victims, theoffenders and other participants. Finally, this paper has analyzed the procedureof this system and discussed some unstated questions included precondition,scope of application, the effective conditions, legal effect, the host institution,responsibility and relief measures etc.