Protect The Koo System Enlightenment To Today's Criminal Reconciliation System

The system in ancient China from a criminal law system, it spread a long, its existence for ease of social contradictions, and resolve the dispute, maintain social harmony has played an important role. The baogu system has experienced a history of nearly one thousand years development, for the ancient and modern criminal law of development and know all have a positive effect. As the modern western theory of criminal law and criminal law introduction of the system, the system also will die in the void. The victim-offender-reconciliation system appear gradually become a development trend. Criminal reconciliation, it is to point to in criminal prosedure in the process of operation, compennsation and reach a mediation agreement after way, no longer specialized state organs shall be investigated for criminal responsibility or the injures his punishment a handling the case. But in our country judicial field, strictly criminal reconciliation system does not exist. For the victim-offender-reconciliation system study is in the successful experience of other countries for reference basis, combining with the practice of China to build a kind of idea or reference, it for our country’s judicial reform has very important practical value and theoretical basis。Criminal reconciliation system as a new system, combining with the Chinese traditional culture to the inheritance and development, the accord with marxism spirit requires, comply with Chinese culture soil, and correspond with the national judicial experience and traditional need combination to innovation, reform。The ancient baogu system is not on the contemporary meaning of criminal reconciliation system, but its design concept and system function has the nature of the criminal reconciliation, and contemporary the proposed constructing the harmonious social match, is worth us today on research and thinking. Based on the connotation of the existing system of baogu and foundation, through the national legislative regulation the operation of the system, and the state power definition of case nature, healing the results as evidence that judgment it, identify and tries to argue such a proposition:Criminal reconciliation system is the establishment of China’s development of a kind of trend, take this to study in China’s criminal reconciliation system construction of ideas.In the context of China how to construct criminal reconciliation system is an opinion of so many different things to different people, problems, this paper argues that:Construct criminal reconciliation system to insist on seeking truth from facts, proceeding from reality principle, from the localization, the origin, combining with the essence of the system and the baogu theory value and the foundation to construct criminal reconciliation system, to fully consider all aspects from all angles construction. This paper points four parts。The first part is the introduction. This part of the system from simple introduction of baogu, standing on the Chinese national condition, with the aid of localization of rule of law to build criminal reconciliation system resources, outstanding criminal reconciliation system established the necessity, take this to prove our country has set up this system is the basis and condition.The text is divided into three chapters.The text first chapter is against the baogu system development course overview. This chapter is the discussion of the development of the system of course, baogu existing infrastructure. The key is the existence of baogu system based, including from plain attribute, thought the spark and academic accumulation,the balance of interests, penitent attitude and order maintenance aspects to elaborate.The second chapter basically insures this text analyzes baogu system, that is the operation of the criminal reconciliation and demand lay the foundation. This is the key of the inheritance of baogu system the subjective and objective factors, from the reference system of legislation and baogu system requirement, the system of reference from civil and criminal basis and reference to the system of judicial and procedures of baogu conditions and reference for the moral and cultural baogu system soil this several aspects elaborated for criminal reconciliation system set up soil.The text in the third chapter is the focus of this paper. Through the interpretation of the criminal reconciliation system to construct China’s criminal reconciliation system of the path. Through to the western criminal reconciliation, the investigation of the system, and points out the problems in the study of Chinese criminal reconciliation and in the construction of criminal reconciliation system problems to be solved by each Angle analysis concluded that criminal reconciliation system established inevitability, and to set up a criminal reconciliation system construction of the blueprint.The last part of the article is epilogue, of the full text content summarized. Conclusion is not equal to conclusion. The author in this section that the construction of criminal reconciliation system the feasibility, and believe in people the criminal reconciliation system pay more attention to the conditions, the establishment of the system of criminal reconciliation must be realized.The innovation of this paper based on the new perspective in with new methods, through the right of exploration baogu system to elaborate construction of criminal reconciliation system, his paper is to the deficiency of the traditional legal culture in the method of using insufficiently criminal reconciliation system to the contents of the comprehensive study of not, for the establishment of the system of criminal reconciliation not enough very clear path analysis, these are the author later effort.