The Historical Investigation And The Modern Building Of The Criminal Reconciliation System In China

Reconciliation-is an ancient and common crime disposal mode in resolving dispute. It had long-term and reasonable consist in the criminal justice system. As early as in ancient China, criminal reconciliation was existed. Actually, the traditional social ideology and culture has immeasurable important influence in the criminal reconciliation. Confucian "litigation", "harmony", "Mohist", "loyalty" and "universal love", both advocate a peaceful solution to the dispute, resolving contradictions, not a court; To the Qing dynasty, for the general fights the injury cases, it's still based on the principle of the parties to mediation. Don't allowed to a court. Until now, such as injury, traffic accident, medical accident cases, the phenomenon that criminal reconciliation to solve dispute is widespread. Criminal reconciliation, as a basic human social behavior in resolving disputes, The value of the criminal reconciliation is not only fit the goal of harmonious society construction in our country, but also the establishment of the system provides a new thought for our country's judicial reform and criminal integration process. The criminal reconciliation has important inspiration and can use for reference for the effective resolving of social contradictions and the active building of the harmonious society.This paper is based on the predecessors'research. Through understanding the ancient Chinese criminal reconciliation system program operation, summarizing the unique experience in case scope, applicable conditions and the goal of the criminal reconciliation. Discussing and combing the related theoretical and practical issues. The criminal reconciliation should has an effective and reasonable application in the present stage of the judicial practice work. Using more thoughts and theories to support the modern criminal reconciliation country.The first parties article overview on the basic theory of criminalreconciliation, by analyzing the concept and characteristics of the system and exi sting significance, understand the importance of the system. In the second part of the his tory of the ancient criminal reconciliation system, types of cases, cause analysis, etc, to f urther explore the system in ancient China's longstanding history origin and significance The third part of the present situation of the contemporary criminal reconciliation syste m in China and existing problems were analyzed, and summarizes its institutional conce rns that occurs in the judicial practice and highlight the problems. The fourth part is about the construction of criminal reconciliation system in our country and perfect th e countermeasure, by drawing on the successful experience of the ancient criminal recon ciliation system, summarizes the deficiency of the system in the judicial practice, perfec ting the relevant laws and regulations, establishing and perfecting the supervision and re striction mechanism, make the criminal reconciliation to better play their value, to furth er promote the building of a harmonious society.