Trial Procedure Of Criminal Reconciliation System Research

Criminal reconciliation refers to the specific criminal cases prescribed by law, in particular the host and under the supervision of judicial organs, the defendant to the victim genuine contrition offered the victim loss incurred from the harm behavior to achieve the victim’s tolerance and understanding, the judicial organs upon confirmation of the settlement agreement, on the basis of real and effective and actual performance,the mitigation of the defendant with the criminal justice system. Criminal reconciliation system as the new trend of modern criminal judicial field, its practice and development in different countries reflect the change of concept of criminal justice. Reflects the criminal justice of trial applicable criminal reconciliation of the humanities concern of the parties,the most important ways of maintaining social harmony is the people’s court. "Into the method of" criminal reconciliation procedure, marked the criminal reconciliation procedure in our country has entered into the phase of institutional construction. Acts is not enough to do, the judicial practice department is facing how to specific construction within the framework of legislative system of reconciliation system in our country in order to give full play to its function and value of the challenge. As a useful exploration,the concept of restorative justice applicable criminal reconciliation system along with the revision of the criminal procedure law is gradually aroused the concern of the theoretical circle and judicial circle and explore. New "criminal procedural law" the trial stage in China the provisions of the criminal reconciliation system is a historical progress, but only made rules in principle, operation rules is not specific defect is obvious.In this paper, in the perspective of trial procedure in the criminal reconciliation case,the development of the relevant system of draw lessons from foreign experience and theoretical results, combined with the status quo of China’s trial criminal reconciliation,adopt the method of comparative analysis and empirical research, found that the reconciliation faced in the judicial practice department in the trial procedure of standards and rules are not clear, make the present situation of the people’s court on the application of the criminal reconciliation and criminal litigant expectations of formed the huge contrast, court judge in applicable criminal reconciliation system of judicial credibility drop, the parties, the loss of subjectivity, the judge negative applicable criminal reconciliation and so on, is put forward to further build our trial improvement ideas and specific path of criminal reconciliation system, to perfect trial criminal reconciliation system in our country, clear legal application problems, conditionally appropriate to broaden the scope of criminal reconciliation, formulate detailed maneuverability of the criminal reconciliation procedure, improve the supervision of the court and the procuratorate’s supervision function, make the criminal reconciliation can get all-round supervision, establish and improve the criminal reconciliation system supporting measures in order to constantly improve and standardize the system of criminal trialprocedure in the criminal reconciliation in our country, the unity of reconciliation is mess.