The Criminal Reconciliation System Exists In Our Judicial Practice Problems And The Improvement

In recent years, building a socialist harmonious society and implementing the criminal policy of combining punishment with leniency backdrop, prosecutors around the country focus on the full prosecutorial functions in the traditional criminal justice model to reflect and learn from the foundation of Western restorative justice theory, In our current criminal law framework for, and actively carry out the "adversarial justice" to "cooperate justice" into a new attempt and exploration-Criminal reconciliation. Reconciliation, refers to the process of running the criminal proceedings in the judiciary as a mediator to participate, under the auspices and supervision, on the basis of perpetrators and victims on a voluntary confession, after the two sides face to face communication and consultation, and finally by the offender through sincere repentance, compensation, apology, and other ways to get the understanding of victims and reached a settlement agreement, the judiciary no longer be held criminally responsible for the perpetrators, or on the basis of the results of the offender reconciliation lighter punishment or be exempted from punishment of a system. Although the fifth meeting of the Eleventh National People’s Congress on the "Code of Criminal Procedure, " the amendment would have been in the theoretical exploration and practice in criminal trial law included reconciliation, institutionalized track. However, there are many criminal reconciliation theory and system level issues in judicial practice. For the criminal settlement applicable conditions, the scope of the criminal settlement, reconciliation applicable criminal procedure and the correct application of the criminal settlement matching system measures and other issues, our current laws are not made clear and specific requirements. These kinds of uncertainty to the application of criminal reconciliation system brought many difficulties, but also for the "money punishment" and other judicial corruption provides the breeding ground. Therefore, this article from the foundation of the criminal reconciliation basic theory research, combined with the problems and difficulties grassroots prosecutors in criminal reconciliation judicial practice exist to analyze and make some suggestions and comments, to the construction of criminal settlement system has Chinese characteristics have The benefit.