Existing Problems Of Criminal Reconciliation System In Judicial Application And Its Perfection

Criminal reconciliation is a case verdict mechanism which involves various participants to deal with criminal crime. It possesses the characteristic of criminal, voluntary, participation, mutual benefit and reparation, and has inherent functions like repairing and prevention, settling disputes, ensuring human rights etc. All this can help those who do not content with traditional judicial deficiencies to recover social relationship, reach balanced state, and it can also urge criminals to return to society, guarantee the party’s rights. It is reasonable for us to explain criminal reconciliation system from aspects of practice of social life, procedural law and substantive law, and traditional culture. Practical basis, legal basis and cultural basis are the theoretical support for criminal reconciliation.Judicial organs across the country are trying to implement criminal reconciliation system, and making efforts to localize the exotic thing. However, some problems are found. Disunity of legislation is just one of the problems. First, The presider and the confirmer of criminal reconciliation conflict in function and coincide in role. The applicable object and scope is limited to minor cases which restrains the application of criminal reconciliation. The applicable conditions vary in case facts and offender repentance, having no clear know for principle. Second, The procedure design of criminal reconciliation is far from perfect, and improper procedure operation, lack of supervision, no relief system are some of the prominent problems. Third, the mode is single, concerning performance of the agreement and the implementation of ruling decision and deficiencies in complementary mechanism also has a negative impact on criminal reconciliation.Theoretical discussion and practical experience indicates that the unified legislation is a must. The "Amendment of Criminal Procedure Low (Draft)" has new contributions to the settlement system, but the Draft remains have insufficient exporration to be done. On the one hand, based on the combination of theory and reality, we should reasonably define the application scope, plan well application conditions, stick to the right principle, improve the procedure operation of criminal reconciliation, widen its applicable stage, and introduce public-profit fulfillment of obligation. On the other hand, we should guarantee the normal operation of supervisory procedure, establish effective supervision mechanism internally and externally, and set up relief procedure and mechanism. In addition, the establishment and improvement of complementary mechanism for criminal reconciliation, such as, procedure division, relief for victim, community correction is also a key point.