The Improvement Of The Theory Of Criminal Reconciliation System In China

Criminal reconciliation system,after decades of development,now has become the important mechanism to settle disputes in judicial practice,the purpose is to set up the initial solution is given priority to with national prosecution of criminal justice mode and the disadvantages of prison system.With the continuous development of social economy,in the field of criminal justice,pay attention to the trend for the human rights safeguard has already started to popular in the countries all over the world.This kind of criminal justice idea innovation,not only the need of the development is based on the theory of human rights,and criminal law system as the important way to solve the problem of social crime continuously along with the wheel of history development inevitably choice.Criminal reconciliation system are able to in the world occupies an important place in the criminal law system,is largely due to the system rejected the original national criminal justice mode of criminal prosecution,pay more attention to protect the interests of both the offender and the victim,or for the education of criminal correction,resetting of social problems and social defense problems as an important starting point penalty applies.In the early days of the penal system development,the more is the country in order to limit the exercise of power and prosecuting criminal,deprived of personal freedom,and even deprived of criminal penalty system of life.However,with the development of the era and the progress of the society,marked by the penal system of the existing problems in the criminal judicature pattern began to highlight.In fact,as early as the 19 th century,some scholars have raised question to the corrective effect of imprisonment,positivism jurisprudence is the representative figure of pie,the famous Italian punishment law Long Bo luo spindle has been put forward as "prison is school of crime,crime and organized crime that it teaches people to implement the most harmful" proposition.he argues,the state prosecution overuse,centering on the non-durance penalty system of the,the cost is too high,and the penalty execution is completed for the following back into the social phenomenon such as "label effect" are prompted criminal law educational world and practice to research and explore new models of criminal justice,it's for the emergence of the criminal reconciliation system provides the social background.In advocating the restorative justice,on the basis of western countries in the 1970 s for the first time puts forward the concept of criminal reconciliation,and the judicial practice in western countries and the improvement of the criminal system plays an important role.In China on March 14,2012,completed the "points" was revised,the revision points of formal will include the criminal reconciliation system,and apply to the principle of the system,conditions and scope of application and so on to make the rules,it's for our country judicial practice related types provides system based on the solution of the case,as well as the implementation of the strategy of our country comprehensive lawfully provides a new train of thought,for the deepening reform of criminal justice created a new content.Theory construction in recent years,as well as the judicial practice,our country criminal law educational world and the practice of the criminal reconciliation system are discussed in this paper,experiment,parts of the judicial organs for part of the application of the criminal cases of criminal reconciliation system has obtained the good social effect.This paper on the basis of predecessors' research,on the basis of the criminal reconciliation system theory to comb,and the way to solve problems in the judicial practice,and combined with the analysis of the related cases,to provide Suggestions to perfect the system of criminal reconciliation in our country,make it more standardized and rational.Paper main body is divided into the following four parts.The first part is about the theory of criminal reconciliation system in this paper.The author not only on the criminal reconciliation system in the social background and thought origin of longitudinal analysis and investigation,also combined with the related scholar's theory,put forward its own definition of criminal reconciliation,and through the research on the basic theories of criminal reconciliation system,has carried on the positioning to the real value of the system;The second part is about the present situation of our country current criminal reconciliation legislation and judicial practice,expounds the dilemmas facing.The criminal reconciliation legislation in China for the lack of applicable procedures and has certain application scope,this also for the application of this system in judicial practice creates difficulties;The third part is the author through the horizontal comparative analysis method,investigates the legislation of the countries outside the criminal reconciliation,respectively,selected the legislation system of typical countries of two important legal systems of criminal reconciliation,and on the basis of the comparison,in order to provide beneficial reference for the improvement of the system of criminal reconciliation;The fourth part is the essence part,this part is mainly with the above photograph echo,aiming at criminal reconciliation in the judicial practice in our country is facing the plight of the route choice,we will provide the theory,application procedure and relevant supporting measures put forward the author's opinion,hope to be able to provide theoretical support to perfect the related system of our country.