The Study On The Criminal Reconciliation System

Criminal reconciliation system emphasizes treatment due to the criminal conductof the victim, the defendant and community trauma, and restores the perpetrators ofthe destruction of social relations, compensates for the damage suffered by the victim,and the restoration of harmonious relations between the offender and the victim, andoffender rehabilitation and social reintegration. Through face-to-face consultation, theoffenders understand the adverse consequences of their behavior, while the victimshave the opportunity to express their thoughts and feelings to the perpetrators, therebyreducing the pain caused by criminal acts. In some cases, the relatives of the partiesor other persons will be participating in the consultation. In the consultation, theparties will discuss the occurrence of what the impact of crime on their life, and otherfeelings of crime. Eventually, they will try to reach a compensation agreement torepair the damage caused by crime. Criminal reconciliation system is a new trend inthe development of contemporary criminal justice, from the requirements of theinherent nature of the development trend of the times and a harmonious society, bylearning and absorbing, it is necessary to transplant and implement the system inChina, but the basis idea and the institutional system and social environment of thesystem are incompatible. Thus it is necessary to do in-depth research and analysis onthe criminal reconciliation system.The paper starts with the concept, origin, theoretical doctrine of criminalreconciliation system, and on the base of literature retrieval method, contrast analysis,case analysis, as well as multi-disciplinary synthesis and other research methods, itanalyzes the legal and social value of criminal reconciliation system. Criminalreconciliation system is a new dispute resolution model, its theory and practiceoriginated in western countries. There is no clear legal provision for the concept ofcriminal reconciliation, and there are objective limitations. Because its systemconstruction does not complete, and its theory and practice is not yet mature, it is inevitable that there will be vulnerabilities, resulting in disputes, friction and evenviolations. Sure the policy of criminal reconciliation, we should as soon as possible toimprove the system, and make strict restrictions its conditions and scope ofapplication, maximize the advantages of this system of criminal reconciliation. Fromexisting criminal reconciliation system in China, the scope of application is notuniform, the role of the presiding officer is not clear, attention to the compensationlight communication of criminal responsibility, and the related system are imperfect.Combined with the realities and problems of criminal reconciliation system, and onthe basis of advantages and disadvantages of criminal reconciliation system, the paperproposes the ideas of building criminal reconciliation mode.This article attempts to summarize the advanced experience of foreign criminalsettlement system, combined with characteristics in China, proposes the preliminaryconcept for the construction of the criminal reconciliation system within the existinglegal framework. Through the analysis of the criminal reconciliation system, thepaper comes to the value and functions of the criminal reconciliation. Around thepractice and at home and abroad, the paper sums up the basic features of our criminalreconciliation system, and makes recommendations for the particularity of thecriminal reconciliation. The recommendations has some value for theoretical researchand practical application on the criminal reconciliation system...