The Perfection Of Chinese Criminal Reconciliation System

Criminal reconciliation produced in the situation that the victim as the guidance ofcriminal protection policy’s rise and the failure of imprisonment correction policy. Thiskind of dispute resolution mechanism is recognized and implemented for its new judicialidea and good actual effect in the worldwide. Mentioned in this paper the criminalreconciliation in a case of public prosecution refers to the criminal reconciliation, thismechanism has a strong theoretical basis, including cultural foundation, penologyfoundation and legal economics foundation. In the idea of people, the criminalreconciliation often confused with plea bargaining, restorative justice, mediation system,through the contrast can make the criminal reconciliation features more obvious.The status of the criminal reconciliation: current legislation situation is no uniformstandard, each district practice diversified development. The Criminal ProcedureAmendment of2012the criminal reconciliation as a special program to make a specialchapter. It can be said that the criminal reconciliation procedure from the practice tolegislation is a big step forward, but the amendment to the criminal reconciliationprovisions are too tough, the criminal reconciliation only made general provisions, set thescope of the criminal settlement, hosts and effects of application of the criminalreconciliation, not the premise, principles and specific procedures and measures toprovisions, which is not conductive to the normal operation of the criminal reconciliationprocedure. The author puts forward some suggestions to perfect the criminal reconciliationprocedure. On the program design, the author put forward to determine the criminalreconciliation premise, expand the scope, establish the presider, security, establishingdiversified voluntary settlement and the establishment of related principles; in supportingmeasures, needs to establish the victim compensation mechanism, perfect thecorresponding norms of criminal law, to establish and perfect the supervision system, thereform of public security organs case evaluation mechanism, set up the rightconsciousness, prevent criminal reconciliation generalization.Theory and practice promote the criminal reconciliation to legalization, but lawmakers left a very big development space, we need to continue to observe and reflectin practice, timely torture problems, and timely propose solutions, in order to realizepractice and lawmakers good wishes.