| With the development and progress of society, the amount of interpersonal disputes is larger and larger, the type is more and more, the dispute itself is more and more complex.The traditional criminal dispute resolution by public power monopoly gradually exposed its insufficiency.On the premise of guarantee the public power intervention into individual citizens will solve criminal disputes of self-help remedy mechanism which restrict public power limitedly, is being adoptted by the world. As a kind of self-help remedy mechanism,Chinese criminal reconciliation system produced in this environment.Before Chinese criminal reconciliation system was identified as legal provisions, it experienced two stages of theoretical research and practice to explore.Theoretical research results provide guidance to carry out the practice exploration.the practice exploration results directly contribute to the system into the law,then Chinese cirminal reconciliation become legal provisions of Criminal procedure law.The purpose of this paper is to explore and evaluation the actual operation of criminal reconciliation system,therefore,The author explore the criminal reconciliation system from two dimensions of should to be and to be.Through the corresponding likelihood level analysis for the ideal state of criminal reconciliation system to test reality status, existing problems in the criminal reconciliation system and countermeasures are put forward.In respect of criminal reconciliation of the parties’dominant position is this paper’ starting point. It explores background, ought, factual status and solution to problems with this construction.In the introduction part, sketch out the background and process of criminal reconciliation system, shows the inevitability of the system.Then raises the system’s ought to be and the running of the system in the reality level. This proves it necessity.The first part:The background of the criminal reconciliation system.Everything has its background. The deep cognition of something must be based on the deep understanding of the background. This part introduce the background of criminal reconciliation from the following several aspects:First, comb the evolution of the dispute solution.As a kind of dispute resolution mechanism, criminal reconciliation system Belongs to a evolving link of dispute solution. Combing the evolution process of dispute solution has important significance for better understanding the criminal reconciliation system. Second, describe the special legal status in China. Criminal reconciliation system is not completely equal to the west of restorative justice. It is a kind of dispute resolution way with Chinese characteristics. So, the research about special legal status in China is so important to a correct understanding and using of criminal reconciliation system. Third, introduce the system of criminal reconciliation from the exploration to the process of institutionalization. Through the introduction to the process, it shows the institutional factors that affect the nature of criminal reconciliation system which is in the process of the produce of the system.The second part:The criminal reconciliation system ought to be.We can understand the basic features of the criminal reconciliation system ought to be through the introduction of criminal reconciliation system background in the first part. First, on the value orientation, improving the judicial efficiency, improving the judicial credibility, to ensure good social effect are the goal of Criminal reconciliation system.It tries to reach a unification of efficiency, credibility and social effects of in the process of dispute resolution. Second, about positioning system, based on the Chinese characteristic, criminal reconciliation system post itself as relieving a backlog situation, relieving Judicial burden, weakening public power, attaching great importance to the private rights and achieving dispute resolution results. Third, in order to ensure the realization of the value target and the accuracy of system positioning, respecting the principal position of party system is the core of criminal reconciliation system, Relevant system design all around the need to respect the principal position of party.The third part:The criminal reconciliation system in real life.There are differences more or less between the ideal state of a system and its actual state. Criminal reconciliation system is no exception. The main content in this part is analysis about the problems which exist in the reality level of criminal reconciliation system. Problem one:There are disadvantageous factors in the generate environment of Criminal reconciliation system. National public power monopoly has had a profound impact on the traditional judicial mode.The path of the policy implementation is from top to down. Currently the effectiveness of the construction of legal system is still not enough to guarantee the implementation of the criminal reconciliation system. Problem two:There are some phenomenons which Public security judicial organs infringe the principal position of the parties in the criminal reconciliation practice, such as Public power overextended, Public power actes negatively.The forth part: The solution to the problem which exists in the real state of criminal reconciliation system.For the problem which exists in the reality level of the criminal reconciliation system, this part analysis the reason and put forward countermeasures. There are four countermeasures:the first one is setting up the correct legal concept; the second one is establishing the rules which limit the public power; the third one is determining the reasonable host of criminal reconciliation; the forth one is promoting the citizen’s legal quality.Conclusion part: There may be exist two questions in the author’s system design. They are the victim say excessive expansion and the offender false step to repentance in order to swindle criminal reconciliation. In response to these possible problems, the author analyzed the relevant interpretation. |
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