The Research On The Criminal Reconciliation System In China

Restorative justice appeared in1960s or1970s and the purpose of it is to suggestthe crime party to built dialogical relationship with the injured party and to resolvesocial conflicts, to restore social relationship by showing repentance actively andsincerely, undertaking responsibility and compensating for the injured party’s loss.This idea accelerates the appearance of the criminal reconciliation system. This systemis familiar in our country. It has deep historical relationship with our country and hassignificance for us to release beautiful Chinese dream including harmonious societyand just and fair society.New criminal litigation law start to put into effect in2013officially and thespecial procedure of new criminal litigation law contains criminal reconciliation. It isthe first time that the criminal reconciliation system is included in official law, whichpromotes development of the idea of criminal reconciliation and has profoundsignificance in our country.Universal implementation of criminal reconciliation injuridical practice is impractical and there are still many problems waiting for us tostudy.This paper consists of four parts. The first part introduces the basic content andvalue of the criminal reconciliation system. The second part introduces the situationand problems when our country carries out this system and points out the mainproblems.The third part analyzes the possibility of implementing this system from theperspective of national cultural values, mental acceptance of the injured party and soon and figures out that our thought can help it to develop. The fourth part providessuggestions for constructing the system and some of my humble opinions perhaps arewrong. I hope teachers and students could point out so that I can correct it.