A Study On The Criminal Reconciliation System From The Perspective Of Negotiation

With the rise of the theory of legal governance,criminal reconciliation system has become a hot topic in academia.Under the boost of the purpose of building a harmonious society,the theory of criminal reconciliation shows a strong vitality.As a kind of modern judicial system which started in the West,the construction of criminal reconciliation system in China is based on the social theory with Chinese characteristics.The "harmony thought" and "no litigation" in the traditional Chinese legal civilization give the society of criminal reconciliation system Cultural soil,pay attention to people,people and nature of the harmonious state is for the current cooperative judicial provides the original footnote.China's society is in the transition stage,to a certain extent,unfavorable,dispute resolution mechanism has played a very important role,which also provides a realistic basis for criminal reconciliation system.China's current implementation of the "temper justice with mercy" criminal policy for the construction of the system to provide social policy support.Habermas' s theory of negotiation is the theoretical basis of the criminal reconciliation system.The system of criminal reconciliation is established and perfected on the basis of business theory.At the same time,the negotiated judicial idea as an extension of the theory of negotiation in the field of legal theory has played a guiding role in the criminal reconciliation system.Therefore,it is of great significance to analyze the theoretical basis and perfect path of the system in the view of negotiation,and to master the theoretical core of the system and perfect the legislation and judicial practice.The first chapter of this paper expounds the basic concept of criminal reconciliation system,and introduces the three functions of criminal reconciliation system.The second chapter analyzes the theoretical basis of the criminal reconciliation system,the first is to elaborate Habermas' s theory of the meaning of the discussion,the main purpose,the basic principles and the relationship between the criminal reconciliation system,and then elaborate on the connotation of the concept of judicial,The characteristics,the value,the division of the different areas,and the guiding role of the criminal reconciliation system.The third chapter describes the status quo of the criminal reconciliation system in our country from five aspects: the applicable stage,the scope of application,the subject,the content and the way.Chapter 4 lists the current problems of the criminal reconciliation system.In the fifth chapter,the author puts forward the corresponding perfect path.