The Theory Of Criminal Dispute Resolution Mechanism

The amendment of criminal procedural law of 2012,added the criminal reconciliation system.The study of pluralistic criminal dispute resolving mechanism began.This research is not only the theory summary but also the summary of practicing.Criminal dispute resolution mechanism can be divided into two categories.One only rely on the public power.Another is relying on the public power and the private rights.The former is called the traditional criminal lawsuit system.The latter is called a new type of criminal reconciliation system.Now,we want to analysis these two mechanisms,compare them,and discover their own problems.This will not only make research more targeted,but also helpful to practicing.Analysis of this article is divided into four parts.The first part is to explain the definition of criminal dispute resolution mechanism.We use a method to explain: a general sense of disputes,legal disputes,and criminal disputes.And,we also differentiate criminal disputes and similar concepts.At the same time,we discuss the criminal dispute resolution mechanism of different strength.First one only rely on the public power.It is called the traditional criminal lawsuit system.Second one is relying on the public power and the private rights.It is called a new type of criminal reconciliation system.A new type of criminal reconciliation system,divided into three categories according to the specific operation.The first way is the reconciliation between the offender and the victim,the second way is the judicial organ for conciliation,the third way is the people's mediation committee for mediation.Last but not the least one is private settlement mode.At the end of the article,we discuss the applicable scope of the criminal dispute resolution mechanism of different strength.The second part is to to analyze all kinds of patterns.In this section,we can find the causes of the problems.The advantages of traditional criminal lawsuit system is the faults of the new type of criminal reconciliation system.At the same time,the faults of traditional criminal lawsuit system is also the advantages of the new type of criminal reconciliation system.Traditional criminal lawsuit system has a perfect system and the famous concept.However,this model is too backward to adapt to the society.It needs to be modified and to be perfect.The new type of criminal reconciliation system is advanced.The third kind of private settlement mode has both advantages and disadvantages.We should let this mode become law.However,it is too crude to be a system.If the different mechanisms can be combined into one system,they can complement each other.This can greatly promote the judicial reform in our country.And it can also promote our country legal system construction.The third part is to analyze the possibility of refactoring criminal dispute resolving modes.There are three reasons.The first is the awareness of human rights.The second is the inner demand of judicial reform.The third is the current policy guidance.All three above provides a possibility.The fourth part is the opinion for the perfection of criminal dispute resolution mechanism.This part includes the central idea,the core content of the transformation system of the different external performance and system.From what has been discussed above,this paper included the definition of criminal disputes,comparison of different system,the merits and demerits of the different system,and the cause of the problem.We can find out how to realize the transformation of different system,how to realize the public rights and private rights of cooperation,and how to give a full play to the superiority of the new system.This a series of problems are worth thinking about.