Study On The Risks And Treatments Of Criminal Reconciliation

The concept of a harmonious society and the concept of the protection of rights andinterests of the victims are getting increasing attention from the people, whichprovides the soil for the criminal reconciliation in judicial practice and a new way ofthinking to build a harmonious society. One of the main ideas of the Criminal Code ofCriminal Procedure is the punishment for crime, the fight against crime and theprotection of human rights. As a result, we have these in mind at the time of settinglaws and regulations, but in the same time, we concern little on the rights and interestsof the victims. This is the very problem that we must focus on during the time ofjudicial reform.The prosecution of Criminal Cases reconciliation system is written in the newlyrevised Criminal Procedure Law, which makes criminal settlement system more andmore standard. Under the circumstance of "mediation", the newly addedreconciliation system can help to ease social conflicts as well as to achieve socialharmony and stability. But the criminal reconciliation system also has its shortcomings and problems that needed to be improved and solved. Therefore, the study ofthe risks and prevention of criminal reconciliation system helps reduce the risk ofcriminal reconciliation,and it helps to promote the stable development of China’ssocialist society.This paper mainly consists of four parts.The first part introduces an overview of thecriminal settlement system, which includes the origins of the criminal settlementconnotation and criminal reconciliation. Through comparative analysis, differencesbetween the criminal reconciliation and some similar concepts are noted in order tomake the concept of criminal reconciliation clear.The second part of the paper emphasis on the criminal regulations of other foreigncountries which belong to the civil Law system and the common Law system.Through the analysis of the regulations in foreign countries, there comes theconclusion that our county should learn from theirs in the respects of risk preventionand criminal settlement.The third part is about the risks during the procedure of criminal reconciliation. Thispart mainly writes on the risks and drawbacks that may happen. The risks andloopholes mentioned in this part is aimed to improve the criminal settlement system.The forth part of the paper focuses on the appropriate solutions which are able to dealwith the risks that may happen during the procedure of criminal reconciliation. Even though many risks may happen during criminal reconciliation, we can reduce the risksto a minimum if we improve the criminal reconciliation system.