On The Improvement Of China’s Criminal Mediation

As a low cost, high efficiency criminal dispute settlement means, criminalmediation has been use to solve minor criminal cases in many countries and has gainsignificant legal and social effects. Generally, criminal mediation can effectivelybalance the interests of perpetrators, victims and country; eliminate their conflicts, tosafeguard the rights and dignity of victims, to help the offender to return to society, torepair criminal damaged social relationships, to help to build a harmonious society.Also it can help to conserve judicial resources. But unfortunately, there are someproblems in the legislative and judicial aspect of China’s current criminal mediationsystem. We need to further reform China’s criminal mediation system’s scope,procedure, mechanism to promote the criminal mediation legislation and judicialreform.The main content is divided into three parts. In order to point out the basicproblems of the criminal mediation system and lay the foundation for the laterdiscussion, the first part is the criminal mediation system overview. It discusses theconcept and characteristics of criminal mediation system beside the related conceptsdiscrimination. The second part is the current situation and problems of China’scriminal mediation system. By inspecting and analyzing the legislative situation andjudicial status of China’s criminal mediation system, pointing out that China’s criminalmediation system still has many problems, such as narrow scope, unreasonableprocedure and the lack of the necessary safeguards, supervision and relief mechanism.Also there are some legal blank too. The third part is the focus of the article, accordingto the Criminal Mediation System Problems, put forward some suggestions to improveour criminal mediation system. First, we should fill the legal gaps, correctmisunderstandings on the police mediation and prosecutors’ mediation. Second, weshould expand the scope of criminal mediation system. Third, specify the procedure ofcriminal mediation system, including the applicable conditions of criminal mediation,ensure the litigant‘s right to start criminal mediation process and build a mode thatmediation and trial are separated. Last but not the least we should establish a effective protection, monitoring and relief system.