A Comparative Study Of Criminal Reconciliation And Criminal Incidental Litigation

Criminal reconciliation and criminal incidental litigation are tow important systems in criminal proceedings in our country.There are closed connections between them.The purpose of this paper is to analyze the relationship of criminal reconciliation and criminal incidental litigation,to make everyone have correct understanding on criminal reconciliation,can know the difference between these tow systems; to provide a way that how these tow systems learn from each other;to find out the problems these tow systems both exist and find out the solutions. This paper is divided into three chapters. The first chapter is understanding the criminal reconciliation comprehensively-from the perspective of the difference between criminal reconciliation and criminal incidental litigation. By analyzing the difference between these tow systems,we can have a comprehensive understanding on criminal reconciliation and eliminate misunderstanding. This chapter also puts forward the measures to eliminate the misunderstanding on criminal reconciliation in our country. The second chapter is about criminal reconciliation and criminal incidental litigation learning from each other. This chapter is divided into tow sections. The first section is about what criminal incidental litigation can learn from criminal reconciliation. Criminal incidental litigation can learn criminal reconciliation’s "civil is super to the criminal" proceeding and "reconciliation". The second section is about that we can expand the scope of criminal reconciliation through criminal incidental litigation’s mediation before the law is changed. The third chapter is about the problems those occur in criminal reconciliation and criminal incidental litigation’s practice and countermeasures to these problems. The first section is about the problem that because of objective cause,the victim can not get the full amount of compensation and other related problems. The measure to solve this problem is establishing national compensation system. The second section is about the compulsory reconciliation(mediation). The measure is establishing the pattern of the people’s conciliation committee mode. The fourth chapter is the conclusion. The conclusion expresses the view of this paper more explicitly.