Research On China's Criminal Reconciliation System

Criminal reconciliation system as a new type of criminal problem solving mechanism, to properly resolving social contradictions, to actively resolve social disputes,enhances the working efficiency of the judicial authority,creating a harmonious socialist society is of great significance. Overview of criminal reconciliation system is presented in this paper, on the basis of examining the criminal reconciliation system at home and abroad, focuses on analysis method of British and American countries and Germany on the criminal reconciliation system for them,so as to draw inspiration. By the author in the procuratorial organs at the grass-roots level work experience, and combining the practical use of criminal reconciliation, analysis of criminal reconciliation on the choice of applicable scope, settlement mode, etc., thus to our country, the essay discusses the building of the criminal reconciliation system, to improve the compliance with China's national conditions, the criminal reconciliation system with Chinese characteristics.The first part legal analysis of the criminal reconciliation system. This part from the perspective of jurisprudence, analyze the concept, characteristics and theoretical basis for criminal reconciliation. The criminal reconciliation is not only a kind of lawsuit system,at the same time of reconciliation efforts and results can be a decision not to prosecute and the criterions for the conviction of the basis, the process of reconciliation can also as a way to transform the victim rehabilitation and criminal. Criminal reconciliation is by the offender and the victim's participation, and in general under the auspices of the mediator to settlement as the goal, the result of the negotiation affect the criminal sanction measures a criminal justice activities. The existence of the criminal reconciliation in criminal justice value and efficiency value.The second part of criminal reconciliation comparison method. This part select the United States and Britain in Anglo-American law system, the civil law of France and Germany were studied. Through the comparison of the four countries criminal reconciliation system analysis, find out the similarities and differences, through the phenomenon to explore the essence,absorbing the essence of the different legal systems,provide thinking direction for the perfection of the criminal reconciliation in our country.The third part the problems existing in the criminal reconciliation practice in our country. By the author of this part in the procuratorial organ to handle criminal cases inspired thinking, in the judicial practice of criminal reconciliation system in China is not so good. Narrow range of criminal settlement case, this limitation makes the criminal reconciliation actively resolve social disputes, resolve social conflicts, promote social harmony cannot give full play to the effect of; Penalty execution phase fails to apply to criminal reconciliation, the criminal punishment execution after the completion of the difficulty of reintegration, also increased the pressure of the penalty enforcement authorities; Compensation for the lack of unified standard, distort the original meaning of criminal reconciliation, same or similar cases caused by different damages to the processing results of different phenomenon; Various places have different settlement patterns, is the unity of criminal law as well as the procuratorial organ for examination and assessment mechanism in not v. rate limit applicable criminal reconciliation in practice, etc.The fourth part is the improvement of our criminal reconciliation system. Draw lessons from the western concept of rule of law of criminal reconciliation and connecting with the problems existing in the criminal reconciliation practice, sum up from all over the country judicial practice, perfect the criminal procedure law, the ion of the representational system of criminal reconciliation in the law,to guide and standardize the criminal reconciliation case around. Moderate to broaden the scope of criminal reconciliation applies; Center for learning, minn compensation mode, perfect for punishment execution phase of criminal reconciliation; Prevent the phenomenon of with money to buy the punishment \", rich non-confinement penalty; Clear in the legislation of criminal reconciliation mode: - and application model is given priority to,delegate pattern for added.