On The Application Scope Of Criminal Reconciliation

As a new moderate solution of criminal conflicts, the criminal reconciliation originated in North America and had a wide range of development in the world. Compared with the traditional criminal judicial model, the criminal reconciliation can balance the interests between the victim and the offender; resolve the social conflicts properly; perfectly repair the criminal damage of social relations.In our country, the theorists and the judicial organs have already started to pay attention to this system, but there are many disputes about the application scope of criminal reconciliation. In addition, there are a lot of deficiencies in our legislation and judicial practice about the criminal reconciliation system. In order to better play the positive role of the criminal reconciliation, it is necessary to correctly define the scope of application of criminal reconciliation.This paper is divided into four parts:Chapter one introduces the different views and standards of the application scope of criminal reconciliation in the theory and the judicial practice. Chapter two points out that the judicial practice in the application of criminal reconciliation existing two errors, and analyzes the cause of the errors. Chapter three puts forward the main standards of reasonably defining the scope of criminal reconciliation, and analyses the concerned regulations of the criminal procedural law. The fourth part is the final conclusion of this paper.