| Moderate judicial philosophy, the concept of harmonious society, protecting the interests of victims concept gradually attention, for the criminal reconciliation in the judicial practice has provided the soil, but also for China’s urgent judicial reform points to clear direction, also for us to realize the harmonious society has provided a new way of thinking. The criminal procedure law of our country is one of the main idea of punishing crime, the protection of human rights. Therefore, we in the formulation of laws and regulations of the time certainly around this target. Led us too much concerned with the rights of the defendant, but we have to have suffered direct victim, most people who need our attention have been neglected for a long time. This is our judicial reform must pay attention to the problem.After so many years of hard practice, we found that the strike can not realize the social harmony and stability, but the crime rate increasing trend, so we have to consider is to formulate policy rationality. As our party puts forward compose to build harmonious society background, we need more of is to persuade, preaching, self-awareness, self-reflection, active solution instead of them were forced to accept the punishment ways. Such as the criminal reconciliation has created a condition, the criminal reconciliation is made up of traditional neglect victim’s criminal settlement, but directly to the perpetrators and victims to discuss ways to meet their interests.The standard is mainly composed of four parts.The first part introduces the basic connotation of criminal reconciliation, comparison and significance. Mainly introduces the meaning and understanding of the criminal reconciliation, introduces the basic characteristics of criminal reconciliation. Through the comparative analysis method, analyzes and expounds the advantages and disadvantages of various perspectives, summed up the basic connotation of the criminal reconciliation. Comparison of criminal reconciliation and related basic concepts of the relationship and difference, enable us to better understanding of the criminal reconciliation system, so as to better improve the system lays a foundation. I from2aspects introduced the criminal reconciliation:first from the significance of criminal reconciliation practical significance including the perpetrator, victim, society to analyze; secondly from today’s harmonious society, with the international trend to analyse the significance of criminal reconciliation; second, the criminal reconciliation theory, mainly from two aspects to justice and freedom analysis of the significance of criminal reconciliation.The second part of criminal settlement risk, mainly introduced the system of criminal reconciliation may be produced which risks. I mainly from the proper procedure, the crime punishment adapts the principle, the principle of equality, contrary to the public interest, principle of legality and perspective to the analysis of criminal reconciliation and they produce conflict.The third part mainly inspects the Anglo-American law system, continental law system countries for criminal settlement risk prevention for the investigation, summarizes our country to draw lessons from foreign criminal settlement risk prevention.The fourth part, the present situation of criminal reconciliation in ChinaPart V, Criminal reconciliation prevention mechanism and improve the proposals. First analyze the criminal lack of reconciliation is also possible to generate a lot of risk, but we still need a criminal reconciliation. But we need to go from a system to improve the criminal reconciliation system in order to reduce risk to a minimum.Mainly to prevent from the following aspects:First, strictly limited the scope of the criminal reconciliation; Second, strictly limited to criminal reconciliation application phase; forty-three, and gradually the introduction of third-party intermediaries; Fourth, strictly limited to criminal reconciliationconditions; the introduction of the hearing system, the state advances to the diversification of the system and compensation... |
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