Legal System Of Criminal Reconciliation In China

In the West, the criminal settlement called "reconciliation perpetrators and victims", the earliest dating back to primitive society. In China, by the traditional culture of harmony and build a harmonious society, the multiple effects Temper Justice with Mercy Criminal Policy, January 1, 2013 will be the implementation of the Code of Criminal Procedure, "parties to the settlement of cases indictment proceedings" chapter formally incorporated into the Fifth among the articles of the special procedures, to determine the legal status of the criminal settlement system in China.Criminal settlement system as a criminal justice system, it has undergone a long development process. From the evolution of domestic and international criminal reconciliation system, the criminal legal system gone through reconciliation bud, production, development, and determine the process. The formation of a system must have its theoretical basis in law, philosophy, sociology, psychology, economics disciplines, there is the theoretical basis of the corresponding criminal settlement system.Criminal reconciliation as implementing The Criminal Justice Policy is an important institution for the conservation of judicial resources, improve judicial efficiency, repair damaged social relationships, and promote a harmonious society plays an important role in safeguarding. However, the criminal settlement established by the legal system of Criminal Procedure After years of practice tests, has exposed the absence of people’s mediation mode, the scope is too narrow, the rights and obligations of the subject blur compensation standards guiding scarcity, lack of appropriate supervision problem mechanism.On this basis, the Third Plenary Session deepen judicial reform eighth, eighth Fourth Plenary Session of the rule of law and comprehensively promote the work plan for the improvement of our criminal law system reconciliation ushered the best time. This paper proposes a phased build criminal settlement patterns, and expand the scope of the criminal settlement, define the rights and obligations of the body, improve the criminal settlement compensation and auxiliary system, construct recommend legal oversight mechanisms and other criminal reconciliation, trying to further improve China’s criminal reconciliation legal system in order to promote the formation of a harmonious society, promote the process of judicial reform.