Predicament Of Criminal Reconciliation System In China And Its Perfection

Criminal reconciliation, also known as the victim and the offenderreconciliation, is to point to in the process of criminal proceedings, under theorganization of mediator or other organizations, the victim and the offenderon the basis of equality, voluntary, direct communication Mutual consultation,harm behavior processing agreement of harmful consequences, the judicialorgans to massacres, reduced or remitted criminal punishment of a kind ofsystem. It changes the traditional criminal justice national selfishdepartmentalism heavy heavy Canon emphasize punishment to punishcriminal correction the concept of crime prevention, pay attention to theprotection of the victim rights and interests of the economic and spiritualmake up, pay attention to the restoration of damaged social relations, payattention to the correction of the offender’s humanitarian and reconstruction,can better balance the interests of the state social offender and the victim,make up for the inadequacy of traditional criminal justice.In restorative justice worldwide rise of a strong internationalenvironment, and vigorously promote the construction of a harmonioussociety and leniency and strict implementation of criminal policy in thecontext of our country, many places began to explore the practice of criminalreconciliation.2012, the new Criminal Procedure confirmation from thenational legislative level for reconciliation, but the relative success of theWestern countries over thirty years experience in China, there are manycriminal settlement theoretical and practical issues to be perfect, this article from the theoretical and practical aspects analysis of conflicts and challengesexisting in Chinese criminal settlement, then seek for solutions on this basis.In this article, the author first analyzes the necessity and feasibility of theimplementation of the criminal settlement in our country, secondly, discussthe conflict of the criminal settlement with the theory of criminal law,criminal settlement demonstrates the harmonious inner essence and intent ofcriminal law theory. Again, Describes the practice of criminal reconciliationand legislative status quo is not uniform, and other criminal practices in thedilemma of reconciliation. Finally, put forward some suggestions to improvethe criminal settlement system from the aspect of the legislation and supportmechanisms.