Problems And Countermeasures Of Criminal Reconciliation In China

As a new criminal procedural model originated Criminal reconciliation in the west, the middle of the last century, now many countries have accepted and applied widely in criminal judicial practice. Criminal reconciliation in our country generally refers to the crime occurred, under the participation or assistance of he mediator,both the offender and the victim by direct communication, consultation, reached through legitimate, effective settlement agreement, thus the criminal dispute to solve a special judicial proceedings. Characteristic is the expression of criminal legal relation between humanity, tolerance and reconciliation; is based on the social reality and the" temper justice with mercy " criminal policy considerations after the implementation of initiatives, to resolve social conflicts, reducing social contradictions and has played an important role, but also in the implementation of the penalty of crime prevention positive role.This text is from the our country criminal reconciliation concept and characteristics of the narrative, is in our country to its exploration and legislation on the development are briefly introduced in order to illustrate the criminal reconciliation is a new judicial system in our judicial practice needs and legislation on the objective need of. Although in recent years our country many provinces of the criminal reconciliation in development undertook active and beneficial exploration, the relevant legislation is also continued introduction, and with China’s legal construction progress also in unceasing development and consummation. But because of many factors, the criminal reconciliation a criminal lawsuit system in our country’s legislation and the application of there are still many problems. These problems are mainly manifested in two aspects, one is the system problems, two is applicable in the problem of existence. In the first system problems are mainly related to the criminal reconciliation legislation is not specific enough sound, can not meet the needs of judicial practice, the provisions of the applicable conditions, scope is generally abstract, suitable procedures are not specific enough, causing the criminal reconciliation in the absence of regulations to guide and constrain. In addition, because of the criminal reconciliation and other criminal proceedings in practice is not totally independent, so as to meet the requirements of both parties, direct communication and negotiation to certain obstacles, thus restricting the criminal reconciliation and development. At the same time, social investigation and supervision mechanisms related to supporting the deficiency of the system, also makes the criminal reconciliation and the expected effect of value can not be guaranteed. Finally, some extra-legal factors also have important influence on criminal reconciliation. In our country the money for the major single compensation mode, as well as the judicial organ for the two sides to reach a settlement agreement and reduces even avoids the perpetrators of criminal penalty approach, on the traditional concept of social conflicts and misleading. These in the system and the application in the problem of existence, has seriously affected and restricted the development of the criminal reconciliation in our judicial practice.In view of the above problems, this paper puts forward relevant countermcasurcs, because a sound and perfect the judicial system is to solve the problem of the criminal reconciliation, so to solve the existing problems of criminal reconciliation is the first step in the relevant legislation, to make a more complete and specific provision, which is perfect and applicable scope, conditions, stage the relevant provisions of the criminal reconciliation, so that in the application of good applied mechanism. In order to guarantee the value of penalty for criminal reconciliation, with a lot of civil liability and the characteristics of this criminal litigation procedure, perfect supervisory mechanism is also vital. At the same time, in order to safeguard the legal effect and value, such as the state compensation and community correction these auxiliary system, for the improvement of the criminal reconciliation are same important in China.