The Study On China’s Criminal Reconciliation System

Criminal reconciliation, as a new way of solution of disputes, has been developed formany years in foreign countries. In China, it was written in the legal provisions until a newamendment to the Code of Criminal Procedure in2012, although China law experts alsoconducted in-depth study of criminal reconciliation in recent years, and justice practitionersalso adopted the criminal reconciliation mode to solve disputes. Criminal reconciliation’sdevelopment has great vitality in our country. The current political context, the influence ofChina’s traditional culture, and the people’s ideological conditions provide rich soil for thedevelopment of the criminal reconciliation. It possesses not only the possibility of itsdevelopment, but also the necessity because of its own advantages. Criminal reconciliation isconducive to the restoration of social relations, to the protection of the rights of the victims, tothe advancement of jurisprudence, to the reorganization of judicial resources, and to theimprovement of judicial efficiency. It expresses the unprecedented attention on the victims,and changes the victims’ dilemma that they can only be witnesses or observers and there is noright to speak in the previous litigation process. Through the criminal reconciliation, victimscan get material compensation and spiritual consolation and perpetrators can get rid of thelabel of the "criminals" and return to society better through sincere repentance.Although the criminal reconciliation has been written in the new Code of CriminalProcedure, the provisions are almost the generalization. It is necessary to carry out in-depthdiscussion make it have more practical guidance. Its range of applications has always been theacademic controversy focus. It should be considered from multiple perspectives whether itcan be used in a felony. In addition, criminal reconciliation is prone to lead to the conjectureof the general public. For example, it can provide new space of judicial corruption, and dose"money for punishment" put on the cloak of legitimacy. It can be seen from the legal analysisthat the criminal reconciliation is not in conflict with the traditional principles of criminal law.To the contrary, it conforms to the trend of the development of contemporary jurisprudence.The system is a reflection of the alienation of the public power to private rights, and softensthe needs of the criminal law. In order to protect the normal operation of the criminalreconciliation, it is necessary to establish the supporting protection and oversightmechanisms.