Research On The Criminal Reconciliation System

Criminal Reconciliation means that, in the process of criminal action, after the victim and the injurer come to an understanding in the way of an admission of guilt, making compensation, making an apology and so on, the specialized state organ will stop investigating and affixing the injurer’s criminal liability or give the injurer a lesser punishment, to achieve more ideal goal at less judicial resource cost. Criminal Reconciliation system embodies the idea of restraining criminal law in temper justice with mercy policy, of tolerating crimes and of judicially economical effects. It complies with the tradition of harmony and collaboration, which plays an important role in legal practice. In view of the importance of investigation and worries about the power of the police, the issue of criminal reconciliation in the stage of investigation has been always controversial. From the successful experience of public security organs all over China, it is necessary and feasible to enact criminal reconciliation system into law, which tallies with the goals of raising judicial efficiency and protecting human rights and the idea of harmonious society. But in the practice of investigation, there are some problems in criminal reconciliation system, for example, uncertainty in sphere of its application, lack of standardization of operational procedure and imperfection in supervision system. In order to standardize criminal reconciliation system in the stage of investigation, the scope of application of criminal reconciliation system should be scientifically determined, the conditions rationally standardized and supervision system soundly established. In addition, the public security organ as the main body that applies criminal reconciliation system in the stage of investigation should enhance theory study to change their ideas and make scientific evaluation system as the base to implement criminal reconciliation system.