Study On The Criminal Reconciliation System

Criminal reconciliation as allowing private involvement in criminal procedure, and with akind of consultation and cooperation in order to form processing and end of criminal disputes,plays a more and more important role in the "victim" demand, and becomes the criminal system inmany countries the organic components. Based on the existing legislation and practice, this paperuses a comparative and the combination of theory and practice method, studying systematiclly onthe criminal reconciliation system from two aspects of general and special.This paper is divided into four parts.The first part defines the concept of criminal reconciliation, and the origin is discussed.Criminal reconciliation is a form of consultation and cooperation and end the criminal disputes, onthe subject of criminal reconciliation in the "special state organs" should be interpreted broadly, itincludes not only the judicial organ, but also the administrative organ. The criminal reconciliation，which is different to folk "private" in essence, has the characteristics and corrosion, autonomy,mutual benefit, and judicial mediation,The second part elaborated the criminal reconciliation of justice, efficiency, the consensusvalue pursuit. Suitable with this, the basic principles of the criminal reconciliation should followthe voluntary principle, proportion principle, the principle of equal protection and the principle ofprocedural justice.The third part mainly studied the extraterritorial criminal settlement system, the specificoperation mode of representative. Community mediation model, transfer patterns,"correction"basically exclude judicial intervention, the criminal dispute generally by the civil institution toharmonic, harmonic succeed can not enter or terminate the judicial process. Alternative models andthe judicial phase closely. And the judicial organ is involved in the mediation, becoming to theleading role of the criminal reconciliation.The fourth part discusses the applicable scope, conditions and procedures of the criminalreconciliation system in China."Criminal Procedure Law", which was revised in China,2012,provisions "the parties reconciliation in cases of public prosecution procedure". This stipulateestablished the application of the criminal reconciliation system in public security investigation,prosecution, courts in three stages in china. Look on the whole, the criminal reconciliation system in China is in not much operation, but in principle, and the legal consequences of design is notcomprehensive, needing to continue to accumulate experience, so that when the time is ripe forfurther improvement.