The Perfection Of Crinimal Reconciliation System In China

In the development of human society, the commonly used method of dealing with disputes is criminal reconciliation. Until late twentieth Century, before the emergence of the modern meaning of criminal reconciliation, which makes up for the shortcomings of previous western traditional criminal justice, is one of the effective means to deal with crime. Subsequently, the judicial system has been introduced to many countries in Western Europe and North America. In recent years, with the continuous advancement of the judicial system reform in our country, in the judicial practice, many parts of the country to actively carry out the criminal reconciliation system to explore and try to. In January 1,2013, the revised "The Criminal Procedure Law of the People's Republic of China" formally promulgated and implemented, in which the fifth series,"the special procedures", increase the proceedings of the public prosecution in criminal reconciliation. Adapt with the newly "Supreme People's Court on the application of the" Criminal Procedure Law of People's Republic of China "", " Criminal Procedure rules of the People's Procuratorate (Trial)" and "the Procedure Provisions for criminal case of The public security organ ", made further detailed provisions including the trial, the prosecution, investigation and other aspects of the criminal reconciliation system. Even so, it is too general and too little regulation that the provisions of the criminal procedure law after being revised, researching how to further improve and perfect the criminal reconciliation system in China is very necessary.In this paper, the use of theoretical analysis, literature analysis, comparative analysis, empirical analysis of the method from four aspects of China's criminal reconciliation system. The first part is an overview of criminal reconciliation. First discusses the concept of criminal reconciliation, views of scholars were summarized, and the criminal reconciliation and mediation, "private" and other similar systems are compared and analyzed, describes the four theoretical basis of criminal reconciliation, then expounds the criminal reconciliation of social and legal background. The second part is the legal provisions of China's criminal reconciliation system. Firstly, I briefly described the situation of China's judicial practice before the legislation to establish the criminal reconciliation system, then discussed the content the criminal reconciliation system design in law and judicial interpretation of china through six aspects including the scope, subject, applicable conditions, reconciliation and reconciliation agreement, and consequences. The third part is the problem of the criminal reconciliation system in China. Through in-depth interpretation of the criminal reconciliation system in China, combined with judicial practice, With the method of case illustrates and data analysis, from the scope of criminal reconciliation cases, compensation standard, the rights of the public security organ to dismiss the criminal reconciliation cases, the validity of the agreement and community correction in five aspects, I point out the shortcomings of the existing criminal reconciliation system. The fourth part is about the suggestions of perfecting the criminal reconciliation system in china, focusing on that the shortcomings existing in the third part, puts forward suggestions about the aspects of expanding the scope of criminal reconciliation, a unified standard of compensation, given to the rights of the public security organ to dismiss the criminal reconciliation cases, clearing the validity of the agreement, increase the correction procedure and perfect the supporting system, as far as possible to mostly improve the criminal reconciliation system in China.