Research On Criminal Reconciliation System

Criminal reconciliation is a kind of settlement form of consultation andcooperation in order to restore the original order in the case, it refers to in thecriminal lawsuit, the offender to plead guilty, compensation, apology, to reacha settlement with the victims of state organs, no criminal responsibility of theperpetrators, from a system or reduce the punishment. In January1,2013, therevised "the people’s Republic of China Criminal Procedure Law" formally intooperation. The new criminal law specifically to increase the partiesreconciliation in cases of public prosecution procedure, formally establishedthe public prosecution of criminal reconciliation system, providing a legal basisfor the criminal reconciliation in judicial practice.Focus on the traditional criminal law theory is concerned with whetherjustice can be realized, the emphasis on the criminal punishment, do not agreewith the crime in flexible ways, which belongs to the understanding of thecriminal law from the perspective of the state, is a national standard conceptsof criminal law. According to this view, the realization of justice process thatmeet the defendant’s Revenge psychological needs of victims, as if there areother demand, the public power will not concern. In the social development toa certain extent, this concept already can not adapt to the change of socialideas, the victim’s interests and needs are concerned, in this case, the criminalreconciliation system to meet this need, the public power transfer part of thepenalty power as the basis, take the victim interests protection as the center,pay attention to the victim’s participation, enhance the position of the victim incriminal proceedings, the criminal victims play substantial influence on theruling, urged the sincere repentance and compensate for the losses, in orderto protect the lawful rights and interests of the victim to.The criminal reconciliation system in China is the "Leniency" of thecriminal policy is specific reflect, also with China’s heavy mediation to resolvedisputes of the historical and cultural traditions come down in one continuousline, but also conforms to the international trend of restorative justice policy.This system is conducive to the realization of substantive justice, protectingthe rights of the victims, improve the efficiency of the proceedings and topromote social harmony. But China’s criminal reconciliation system is a newthing, the new "criminal procedural law" has four legal provisions, but also theexistence of the settlement agreement can be enforced, single way ofreconciliation, the amount of compensation for the huge difference, etc., butalso easy to society "misunderstanding buying punishment", more worrying is,because it provides a considerable discretion to the judge, and the discretionis one-way--reduced or removed from the discretion of punishment of the defendant, the discretion is easy to become the object of trading power formoney, and ultimately harm judicial justice.How to play the system of criminal reconciliation value at the same time,restrict and eliminate the harm of the criminal reconciliation system mayproduce? This is the starting point of the criminal reconciliation system. In thispaper, the author is engaged in the criminal trial work as a starting point, fromthe judicial practice to find problems and feedback of the criminal reconciliationsystem, puts forward the ideas to solve problems, to promote the developmentand perfection of criminal reconciliation system in china.