Compatible With The Fit:Study On The Criminal Reconciliation System In China

Nineteen seventies, the western criminal law scholars put forward to achieve not only protect the interests of victims and offenders return to society’s ideal in the criminal judicial system, promote the idea of the theory of criminal reconciliationlt as a new type of dispute solving mechanism in exploration, the maintenance of fairness and justice to build a harmonious society, the theme of the times, adapt to the needs of the development of mitigation of punishment, in China is rich in the soil of reality and unique history.In2013the new criminal law promulgated and implemented, so that the process of China’s rule of law is an important step towards greater respect for and protection of human rights. Especially the establishment of the new criminal procedure law of fifth parts and second chapters, the parties reconciliation in cases of public prosecution procedure, in the form of the first law of legitimacy of the criminal reconciliation system confirm, for accelerating construction of criminal reconciliation system in China, the impact of far-reaching significance. However, application of the new criminal law for criminal reconciliation is just opened a small hole, in practice there are many problems for us to explore the be in suspense.This paper is divided into four parts. The first part introduces the basic theory of criminal reconciliation system, by analyzing the characteristics of the criminal reconciliation, the principle, the criminal reconciliation system in our realistic foundation, and the western criminal reconciliation theory and Chinese thought and culture, social practice and policy basis to discuss. The second chapter mainly introduces the development of the criminal reconciliation system, from the development of western countries and China’s new criminal procedure law the parties reconciliation in cases of public prosecution procedure, naturally derived comparative criminal reconciliation and criminal judicial system and criminal incidental civil action system. The third chapter focuses on the " buy " punishment, punishment unfair question sound response, pointed out that the criminal reconciliation system settings is not without boundary, and must operate within the limits prescribed by law, in the moral allows space. At the same time, the case of the question sound to refute, and from saving judicial resources and judicial cost point of view, the legal effect of the criminal reconciliation in good operation. In the fourth chapter on the construction of criminal reconciliation system was shallow to imagine. Because I know the limited scope, the author of the new criminal procedure law and the public prosecution procedure may condition the facts and evidence that exist, The settlement agreement, the term of performance, breach of contract review found that after the treatment and the written judgment put forward ideas, and in the subsequent discussion of the criminal reconciliation applicable object, applicable conditions, scope, procedures and reconciliation after the case as a shallow discussion. Expected in the academic research and judicial practice in the future, the criminal reconciliation system can get better supervision and improvement. Finally, the author thinks, it is necessary to conform to the development of the times, the achievements and successful experience of the absorption of extraterritorial criminal reconciliation and our public prosecution procedure, grasp the criminal reconciliation system, the essence of scientific rationality, the compatible with fit, make its legalization, localization.