Concerning Criminal Reconciliation Applicable In Death Penalty Cases

Criminal Reconciliation is a criminal system which refers to in the criminal acts the perpetrators and the victims under the premise of voluntary consultations.The perpetrators to repent and compensate the victims losses.The victims forgive the perpetrators and they reached a criminal settlement.Criminal judicial approval of this agreement and sentencing. Reconciliation has a justice value which can promote the dominant position of the victims and can protect human rights and protect the rights of offenders and can help to rehabilitate criminals.Criminal reconciliation system is the focus of criminal law because it is a new criminal dispute resolution mechanism under the socialist harmonious society.In 2013, China began to implement a new "code of criminal procedure" to add the criminal reconciliation proceedings.It is obviously clear to the public the formal criminal legal status of reconciliation in our country.It means that the status of the criminal reconciliation up to the law.Although the new "Code of Criminal Procedure" of proceedings in criminal cases to make provision for reconciliation settlement,many problems associated with the application of the regime still needs to be further clarified and improved Including criminal reconciliation applicable scope of the case.The author notes that compared to judicial practice, the "Code of Criminal Procedure" provisions of criminal reconciliation in public prosecution cases range seemed more cautious and conservative.The new "Code of Criminal Procedure" avoidance provisions applicable to death penalty cases in the criminal reconciliation.In reality, however, death penalty cases, criminal reconciliation not only exists and runs on a wide range of judicial practice.This trend is widening.This practice not only for the judiciary has been a lot of exploration, and legal and social effect is obvious.In this paper, the main use case analysis, policy research method.The author by analyzing the criminal reconciliation cases to support which is incorporated into the death penalty in cases of necessity and legitimacy.The author believes that since the criminal settlement in death penalty cases is an application of the necessity and legitimacy, it is necessary to scope and conditions of limitation.The innovation of this paper is to point out the current status of legislation and judicial practice in conflict.Although the new "Code of Criminal Procedure" does not provide for deathpenalty cases reconciliation,the author believes that death penalty should be adopted legislative norms in cases of criminal reconciliation.The author hopes to provide some ideas for the criminal reconciliation of death penalty law practice reconciliation.