| Discussion and practice of criminal reconciliation system in our country have more than 10 years history, regulations and practices around regions are inconsistent. The criminal procedure law which was revised in 2012 in our country officially regulates the content of criminal reconciliation system. Criminal reconciliation scope has been the issue in theory and practice. Before discussing the applicable scope, it is necessary to scrutinize the theoretical basis and policy incentives of criminal reconciliation, we can make predictions about the expansion of the scope or narrowed. Though criminal reconciliation with the victim theory of crime, the defendant return to society theory, restorative justice theory, balance theory and other theoretical basis, but the introduction of criminal reconciliation system in our country is in order to implement the building a harmonious socialist society and the criminal policy of combining, so criminal reconciliation system has the intention and function of the "stability", the system background reflects the legislators’ pragmatic attitude basing on the specific conditions, also determines the scope of criminal reconciliation in China. The division of criminal reconciliation scope has’t uniform standard, but it can be explored from the criminal object, criminal offence, criminal punishment, elicit personal rights protection, minors rights protection and felony settlement issues. Contrapose the western representative country Germany and the UK has a different trajectory in the criminal reconciliation scope, in general, they have similarities and differences as a result of the differences of the political system, economic development, cultural thought, our country should have the dialectical view. In our country, the 277th provison of Criminal procedural law regulated the scope of criminal reconciliation, involving "civil disputes", "suspected intentional crime of the fourth chapter, chapter v in specific provisions of criminal law", "the following three years in prison", "may be sentenced to fixed-term imprisonment of not more than seven years except malfeasance under criminal negligence", "five years unless the intentional crime", those key words need to be read one by one, in order to fully understand the scope of criminal reconciliation in our country. "The regulation of the public security authorities for handling criminal cases" issued by the Chinese ministry of public security is the only one focusing on the criminal reconciliation scope making specific files, but the limit is still questionable. Combined with the new criminal procedural law, and judicial practice of criminal reconciliation system in our country, this paper mainly makes suggestions from the aspects as the scientific definition of "civil disputes", careful with felony reconciliation and minor crime reconciliation. |
