On Criminal Reconciliation Path In China

In recent years, the drawbacks of traditional criminal justice has been appearing, highcrime rates, recidivism rates is continuing to rise, the interests of the victims are ignored incriminal procedure suits. The criminal law with civil proceedings in which efficiency andeconomy as the main value of is difficult to crack " the narrow scope of compensation","difficult performing " and other practical difficulties. This makes the traditional criminaljustice theory and practice to reflect. In2012, the hot theory of "" comes at last.At the sametime,"Criminal Procedure Law" went into Amendment.“the Reconciliation Of The Litigants”was included in the special procedures as an isolated chapter.All of this is a sign of a formallegalization of criminal reconciliation system. This article has the following four parts toconstruct topic ideas:The first part：the overview of the criminal reconciliation path in china. Describes thegeneral principle, concept and character of criminal reconciliation; analysis model of criminaldispute resolution in China from the traditional private to governmental mediation to theofficials and people with the historical evolution of criminal reconciliation, with theemergence of criminal disputes, model of dispute solution derived is never a one-way, isbound to have a history of criminal reconciliation; the value of the criminal reconciliation ofinterests, is the best way to fit, is the main way to improve judicial efficiency, is the effectiveway to construct harmonious justice.The second part：Analysis of the current criminal reconciliation in China obstacles. Thecriminal reconciliation in our country exists concept barriers and obstacles, the idea isreflected in the entity justice,"buying punishment" in question, the illegal criminal basic principles, questioned the weakening action of due procedure. The real obstacle outstandingperformance for the insufficient accused party compensation, criminal reconciliation schemeand the conflict of laws.The third part：investigation of criminal reconciliation path outside. Inspects of AngloAmerican law system, continental law countries criminal reconciliation path.The AngloAmerican law system in England, USA for extraterritorial investigation object, continentallaw system with France, Germany, in contrast to the two path model, how to learn fromforeign experience combined with the local reality system, Chinese, is intended toextraterritorial investigation.The fourth part：exploring the path of China’s criminal reconciliation. Model construction,criminal reconciliation China characteristics firstly, the guiding ideology, to uphold the Chinacharacteristic socialist concept of the rule of law,emphasizes the balance of justice andefficiency principle, adhere to the concept of procedural justice, and draw lessons from thewestern concept of restorative justice. Secondly, in the path of exploration, improve thereview prosecution prosecutors docking stage, focus on docking litigation and conciliationpretrial conference, strengthen the connection with incidental civil action, to explore thefeasibility investigation of criminal reconciliation.