The Theory Of The System Of Conciliation And Mediation In The Criminal Case Of Of Private Prosecution

Private prosecution cases are generally some minor criminal cases,and most occur in the close relationship between the parties,if the judgment of the way,will form a confrontation between them,is not conducive to the restoration and stability of social relations,so for the case of private prosecution the special nature of our country allowed to settle on their own or to withdraw the lawsuit between the parties, the court mediation,these minor criminal cases, non-criminal treatment.Reconciliation and mediation effectively solve the conflict, improve the efficiency of lawsuit, optimize the judicial resources, promote social harmony, very good to make up for the defect of traditional way to judge, but because the legislation and program of incomplete, to make it in the judicial practice still has a lot of problems that need to be further perfected.This paper is divided into four parts:The first part of main clear criminal reconciliation, mediation of theoretical definition, including the concept of reconciliation, mediation, difference contact and basic functions, so as to have a precise understanding of the concept. Reconciliation, it is to point to the parties agree voluntarily, in order to solve the conflict between a agreement; And mediation, it is to point to in presided by judge, the voluntary is compromised rights relief program reached an agreement through consultation, the court will no longer of criminal responsibility shall be investigated for the defendant a legal system. From the reconciliation and mediation of different and similarities, analyzed in a case of reconciliation and mediation the difference and relationship. Criminal law the tolerance spirit and people-oriented, constructing the harmonious social demand of The Times, to reconciliation and the basic function of mediation to promote social harmony, guarantee the rights of the victim, saving the judicial resourcesThe second part is the introduction of reconciliation and the theoretical basis of mediation, including the parties sanctions, the judicial harmonious theory, theory of judicial efficiency theory, multiplex dispute solution theory. The author introduced to the four theory and discusses the value of this theory of analysis.The third part is the foreign criminal lawsuit settlement, mediation briefly, in this section, the author introduces the overseas for minor criminal cases of a criminal reconciliation, it introduces the foreign about in a case of private prosecution regulations, of which mainly introduces the United States, Germany and France about reconciliation and mediation, and analyses the comments.The fourth part mainly for private prosecution cases in China in the legislation reconciliation and mediation and practice problem analysis. The author thinks that mediation is the biggest problem exists, the judge that is when the judge and their workers when the double identity, to the parties causes a kind of invisible pressure, will let the party has a kind of such as not to accept the judge mediation program, will cause adverse consequences for their concerns and makes a voluntary difficult to implement; And for reconciliation the author thinks that the biggest problem is the law is not perfect, in the practice of maneuverability, and reached an agreement relief measures is imperfect. The last is according to China’s laws and practice analysis of reconciliation and mediation, and some basic issues of reconciliation and presents the author respectively for the improvement of the mediation conception.