The Legitimacy Of Criminal Reconciliation Basic Research

In line with the political pursuit of a harmonious society and the criminal judicial policy of Combining Leniency with Rigidity. Criminal Reconciliation has become a new favorite both on the theoretical circles and judicial practice. The decision on amending the Code of Criminal Procedure was voted on the fifth Session of the Eleventh National People’s Congress on March14,2012. President Hu Jintao signed No.55of Presidential Decree to publish this decision. A compilation of special procedures "was added in the draft, setting up a chapter to regulate the procedures of parties reconciliation in some Public Prosecution Cases. The establishment of this new solution, in fact, is the response to the spontaneous and experimental practice, with many groundbreaking and challenging meaning.On the reconciliation of criminal justice practice and empirical research have strides to fight for the forefront height, this paper try to use a "progress review" way to trace the origin basic research, or reiterated the core philosophy and values of this criminal settlement system. This "intentional back" has important theoretical and practical significance:Firstly, the theory can guide practice. The understanding of the theoretical core of Criminal Reconciliation can guide the system design, so that the value of what Criminal Reconciliation concerns can be injected into the body of the system rather than fall into the formalism. Meanwhile, we should understand that the Criminal Reconciliation is more a way of thinking and philosophy. It can be expressed in many forms in reality, such as the Family Roundtable. victim-offender reconciliation, sentencing circle. Grasping of the concept can boost the system design to suit to the local conditions and to maintain institutional vitality. Secondly, theory can evaluate practice. We can evaluate the system design by measuring the fundamental criterion which Criminal Reconciliation pursues, such as whether the rights and interests of victim are protected, whether the crime in the heart of offender is washed, whether the harmony of community return. Of course, when the effect of reconciliation practice is not ideal, these "original reiterated" can guide more rational thinking about the problem of the system design and the oversight of the technical operations, rather than a direct negation of Criminal Reconciliation and lead to the "unworthy" results. Finally, the theoretical can support the practice. The concern about the system value and the theoretical basis, the measure of the pros and cons can make the system more rational, more objective, and easier to form social consensus. We will not rashly deny the whole system because of the voices of doubt and defects exaggerated."Description" and "Reference" are two ways to introduce the Criminal Reconciliation. In the first part."Description" is to outline the contours of the Criminal Reconciliation through the concept definition and characteristics inducing;"Reference" means to compare Criminal Reconciliation with several similar systems. The second part of the article will reach out to the traditional criminal justice, trying to seek "reverse thrust" from the Punitive Criminal Justice through analyzina its drawbacks, so as to show that judicial innovation is imperative, and the Criminal Reconciliation can do something to improve. In the third part, the theoretical bases of Criminal Reconciliation will be elaborated. My own thinking and comments are showed behind the narrative. These theoretical bases are the bones of Criminal Reconciliation. I try to make comparison on five dimensions of traditional criminal justice and Criminal Reconciliation. This comparison can help us to grasp the value concern of Criminal Reconciliation. In some respects. I do want to make a impression of "I do better than you" to support the Criminal Reconciliation. Legitimacy convincing is not merely to describe the "good", but also including how to respond to question. In the fifth part, the paper responded to the risk which may exist in Criminal Reconciliation. I hope that in one hand, this response can clarify the misunderstanding and eliminate the worry. In the other hand, it also can absorb reasonable question, in order to plan ahead, to improve the Criminal Reconciliation.