The Construction And Improvement Of Criminal Reconciliation In The Trial Stage Of China

As the new "criminal procedural law" promulgated, the criminal reconciliation system as one of several special procedure, separate regulations, is formally established in China. Centered on the victim and criminal defendants in consultation with the criminal reconciliation system has to resolve social conflicts, make up for the traditional criminal justice. The establishment and improvement of the criminal reconciliation system, on the one hand, safeguards the judicial authority of court to exercise jurisdiction, on the other hand, reflects the criminal justice to both of the accused and the victim of reasonable care, helps to resolve social contradiction, under the current criminal trial in line with the human-oriented, harmonious and orderly judicial ideas and practical needs, is the necessary requirement of judicial reform and the rule of law progress in our country. But the criminal reconciliation system cannot fully replace the existing criminal trial procedure, this is due to the existing legal system in our country, don’t make specific provisions about the applicable scope, conditions and procedures on the criminal reconciliation system, so, it is difficult to implement in practice. Therefore, the author attempts to deeply think about the lack of criminal reconciliation system, especially the criminal reconciliation in our country just started and in urgent need to improve, investigates all kinds of problems under the condition in practice.Beginning from a typical case, this paper expounds the established background, the characteristics and the connotation of criminal reconciliation system, through the research of the construction and improvement of the criminal reconciliation system in our country, puts forward some suggestions and opinions from the angle of the legislation, the judicial of the criminal trial about the development direction of future of the criminal reconciliation system in our country, so as to promote the system in our country to resolve social contradictions, not only fighting against the crime, but also minimizing social confrontation, maximizes the realization of "political effect, legal effect and social effect" to be an organic unity.