The Research Of The Construction Of The China’s Criminal Reconciliation System

Since the20th century, the criminal reconciliation system has acquired great development both in theory and practise, as well as gain its primary position in the judiciary reformation of the developed countries. In recent years, the domestic research of the criminal reconciliation system has aiso improved a lot, thanks to the useful judiciary practise, much of the beneficial experience has been obtained. What we should pay much attention to is that in the draft of the Amendment to the Criminal Procedural Law of the Republic of China2011intended to draw up the criminal reconciliation system, which shows the first step of the building of the system. The paper begins with the thorough investigation of the criminal reconciliation system, then the author analyses the concept, the legal nature, the rococile body and the legal function of the system. The author also investigates the advantages of the criminal reconciliation through the positive method, as well as some defects of the system besides author’s many years of the judiciary experiences On the basic of the profound investigation of the criminal reconciliation system, the author discusses the necessity and the feasibility of the system in our country and draws up some thoughts on the building of the system in order to be useful to the construction of the system. There are four parts in the paper, the first discusses the concept of the criminal reconciliation, the author mainly compare the criminal reconciliation system with the reconciliation of the attaching litigation in the criminal procedure, the criminal deal, the reconciliation in the private prosecution, the illegal private settlement in the criminal case and the recovering judiciary; the second part deals with the present situation of the domestic criminal reconciliation system, and introduces the development of the system; in the third part the author analyse some worries of the domestic criminal reconciliation system that may show out during the practise; the fourth part mainly deals with the construction of the domestic criminal reconciliation system, in this part the author bring about some thoughts and suggestions for the construction.