On The Chinese Criminal Reconciliation System Of Light Injury Cases

During the period of social transformation, the constantly rising rate of light injury cases,especially in rural and the combination of urban and rural, has seriously affected the stablesocial environment and has become an important factor to induce social local instability. Thevalue of penalty, such as freedom, order and justice etc. is indispensible, although sometimespenalty played a negative role, for example, the cost of manpower and financial resources,even leaving irreparable social relations. How to reflect the value of penalty and reduce thenegative value better, how to pay attention to the victims and criminal suspects and how toreduce the waste of judicial cost are the urgent problems. The criminal reconciliation of lightinjury refers to after the occurrence of the cases, the suspect and the victim achieve a series ofunderstanding program by the negotiation and communication between the two parts, as whileas the mediation of the legal professionals. The concept of "the world restorative justice","Chinese harmonious society and the people-oriented policy" set the foundation for thissystem. The new criminal procedural law was formally implemented in January1,2013."Theparties’ reconciliation in the cases of pubic prosecution procedure" was listed as a newcontent in a separate section in the revision of criminal procedure law, which makes thepractice of criminal reconciliation of light injury cases have a legal basis. However, there aredefects in its content, procedure and corresponding measures. We should be aware that thecriminal reconciliation system of the light injury cases is still in a long exploratory andresearch stage.Presently, the system of criminal reconciliation is becoming a hot topic, but the specialresearches on that system of light injury cases is not too much. The author often comes intocontact with the light injury cases and knows the importance of proper disposal of such casesfor the long period of working experience as a policeman. Therefore, the author aims at thecriminal reconciliation if light injury. In the paper, this system is researched based on theresults of previous study, combing the western criminal reconciliation theory and somesuccessful judicial experience. The author also put forward the framework of criminal reconciliation system with Chinese characteristics.This paper, composed by comparative analysis method, induction literature, empiricalanalysis and other research methods, is divided into four parts except the introduction and theconclusion.The first part first explains some terms, such as "the light injury case" and "criminalreconciliation" etc., analyzes some easily confused concepts and the basic content of thissystem.The second part researches on the criminal reconciliation system of light injury cases inother countries. By comparing the theory and reality of criminal reconciliation system athome and abroad, the author analyzes the enlightenment of the criminal reconciliation systemin other countries.The third part theoretically expounds the value of the criminal reconciliation system of lightinjury cases: social value and system value. In the analysis of it, meanwhile, the author makesa summary of the foundation of the criminal reconciliation system of light injury cases:ideological basis, legal basis, policy basis, theoretical basis and practical basis.The fourth part analyzes the defects of our current system from the procedure and the reasons. Thereare still some defects in judicial practice from the view of procedural rule and supporting system. With therevised Criminal Procedure Law as an opportunity, the author discusses some defects in our criminalreconciliation system of light injury cases and summarizes the reasons.The fifth part makes researches on the amelioration of the current criminal reconciliation system. Theauthor suggests that an ameliorated system with Chinese characteristics should be set up based on theadvanced world experience,...