The Research Of Supervision & Restraint Systems Of Chinese Criminal Reconciliation Procedure

The amended Law of Criminal Procedure added the procedure of victim-offender reconciliation, which indicates the reconciliation system is officially established in law. However, as a new-applied system which is insufficient of detailed rules and regulations, besides of the limitation of the macroscopic judicial environment, there are problems such as the misunderstanding of the public, the lack of success and so on.Under these circumstances, the judicial authorities put intendance system on trial to regulate the victim-offender reconciliation, but these trial implementations are insufficient of uniformity and regulations. Therefore, a system of criminal reconciliation intendance should be established immediately, in order to refrains the offenders from hiding themselves from the juridical punishment.By using the methods of historical research, empirical and comparative analysis, this article is focus on the detailed regulations, and the improvement of the supervision system. Historical research is based on the analysis of the historical criminal reconciliation issues, in order to explore the law of development. Empirical analysis is focus on the research of the domestic and foreign judicial cases. Comparative analysis is aimed to establish a criminal reconciliation intendance system goes with the Chinese national condition, by comparatively analysis the positives and negatives of the intendance system in different nations and regions.Aiming To resolve the mentioned problems, by using the experience of other countries for reference, the criminal reconciliation should be improved from the following perspectives: making the law explicit by accelerating the legislation procedure to strengthen the binding force for both the offender and the victim. Based on this, the inapplicability for the rich and poor should be abstained by building up a unified compensation standard, a top limit for compensation, and a financial help system. With the community correction and revoking the joinder of punishment for plural punishment, the offender could be supervised and altered to return to the society. Meanwhile, the judicial authority, especially the procuratorial organ should be highlighted in the criminal reconciliation procedure, supervising the criminal reconciliation extent, requirement, procedure and voluntary, in order to guarantee the reconciliation procedure.