On The Construction Of Criminal Reconciliation System In China

Criminal reconciliation is originated in the seventy century in western countries, in today’s world the prevailing a lenient punishment thought and theory. Its value and significance lies in the fact that, in the case of the process to maximize the sense of fairness and justice, as soon as possible to protect the case with the interests of the parties, balance the offender, victim and the national interests of the three parties and the restoration of social relations, enhance the efficiency of the criminal procedure, promotion of social stability. Under current conditions in our country, the timely introduction of the criminal reconciliation system in China in line with international standards of justice is necessary, also be the inevitable choice of the mitigation of punishment.In recent years, our country judicial organ to carry out and implement the" temper justice with mercy" criminal policy in the judicial practice, summarize experience and draw lessons from the idea of restorative justice foundation, in the legal framework, actively carry out the application of reconciliation in criminal cases of exploration, and achieved good results. In March5,2012, the eleven meeting of the fifth NPC Standing Committee on criminal law amendment bill for the final review and amendment, and announced in March18,2012the new criminal procedure law, came into effect in January1,2013. The new criminal law of the criminal reconciliation in public prosecution case procedure has special provisions, this is our country establish a case of public prosecution of criminal reconciliation system important milepost, further promoting China’s legal reform process. But because the current criminal reconciliation system is still at the exploration stage, legislative regulations are relatively general, the rest of the criminal reconciliation conditions, procedures and treatment way of understanding is, in practice, exposed many problems and defects.This article is based on the above background, combining the amendment of Chinese criminal procedural law for the criminal reconciliation issues, adopt literature research, comparative analysis, empirical analysis and other methods of criminal reconciliation of the meaning, characteristics and nature were briefly analyzed, the common law, continental law system in some countries and regions of the current situation of legislation and the criminal reconciliation the experience of judicial practice is introduced, and quotes around the application of criminal reconciliation cases, current to our country criminal reconciliation system design and judicial practice gaps and useful experience to conduct a comprehensive analysis, mainly from the criminal reconciliation system to perfect the legislation, scope of application, the choice of mode, and put forward their views, to to promote accord with our country national condition of the criminal reconciliation system’s construction and perfection.