The Study On Criminal Reconciliation System

As a method of criminal dispute solution, criminal reconciliation originates from the 1970s, and it is well-developed in western countries for years. In the newly-revised Criminal Procedure Law in 2012, there is a newly added chapter which specifically deals with the procedure of criminal reconciliation in public prosecution cases. It is of great significance that this is the first time to stipulate criminal reconciliation clearly in the Criminal Procedure Law.This essay consists of five parts. After the introduction of its concept and historical development, the author will interpretate with related regulations. Considering the regulations and judicial practice, the author with talk about the defects in the existing reconciliation system together with suggestions for improvement.The first part emphasizes the basic conception of criminal reconciliation and its comparison with other similar conceptions.The second part introduces the origination and development of criminal reconciliation. The author will illustrate this point both in western countries and China.The third part will give an analysis on the reasonableness of criminal reconciliation. The author will talk about the current challenges in our country and the reason to set this regulation.The fourth part is an introduction about the criminal reconciliation procedure in our country. This introduction will be given from the following six aspects:cases, requirements, the subject, procedures, consequences and the consequent collateral civil proceedings.The fifth part will focus on the deficit in the current regulations in this field and the suggestions for improvement, including three improvement suggestions and four matching systems at the same time.All in all, as the criminal reconciliation has become a trend in international development, China’s Criminal Procedure Law has set up the criminal reconciliation system based on this country’s current situation and judicial practice. The criminal reconciliation system has the benefits of protecting the victim’s interests, improving litigation efficiency, saving litigation resources and maintaining a harmonious relation in society. However, the drawbacks in current system cannot be ignored. To maximize the advantages of this system, more regulations and relevant supporting systems are needed.