| In recent years, in the construction of socialist harmonious society, and under the enlightenment of the "tempering justice with mercy" criminal judicial policy, the criminal reconciliation as a new criminal dispute resolution mechanism, attract many people’s attention who are familiar with theory and practice. In2009, the people’s court third five-year reform summary is clearly put up the concept which is the study and establish the criminal reconciliation system.In criminal judicial process judges can’t ignore the injurers pleaded guilty to the victim and provide economic compensation to relieve the adverse consequences; the victim heartedly accept the injures’ promise not do it again. And obtain the economic compensation. In the process, restore the destroyed social relations, make up the victim has the damage, make offenders turn over a new leaf, return the society. As far as possible criminal reconciliation system balances the interests of the state, social benefit, the victims and the defendants, which is useful to punish and prevent crime, and beneficial to the recovery of social harmonious relations. Criminal reconciliation mechanism in foreign countries has developed into a mature dispute resolution mechanism, but in our country, the exploration of the theory and practice are still in progress, have yet to form a general acceptance pattern. The paper lists the characteristics of criminal reconciliation based on practices in our country. Through studying the current law, private prosecution system is related to reconciliation. Therefore, the criminal policy of tempering justice with mercy promote criminal reconciliation. The settlement as the circumstances of sentencing, not only can be used for the misdemeanor case, but also can apply to a felony. Criminal reconciliation is just one of the many factors from the treatment, which doesn’t mean no guilty or greatly reduced sentence, but Lenient treatment based on reconciliation. When the criminal reconciliation agreement in trial stage is confirmed, it effective immediately, an obligor perform its obligations in accordance with the agreement. Without major changed circumstances, obligations cannot eliminate deliberately. A party fails to perform its obligations, the other party have the right to request the court proceedings to perform. |
