Research On The Application Of Judicial Reconciliation In China

At the beginning of the 21 st century,some of the judiciary in our country began to explore criminal reconciliation in practice,and the good social effect and the judicial idea embodied in it were praised by legal theory,and the upsurge of victim offender reconciliation was set off.With the increasing advantages of criminal reconciliation and the rise of the system of reconciliation,China began to implement criminal reconciliation system in 2012.Victim offender reconciliation is based on the protection of victims' rights and interests in the social environment of building a harmonious society and safe construction.Malignant crime provides a chance to reform and maintain social stability,to achieve the purpose of respect and protection of private rights,embodies the criminal policy of temper justice with mercy.In order to ensure the smooth progress of criminal proceedings and eliminate the personal social risk of some criminals,to take the necessary criminal coercion is necessary to ensure social stability and security means.However,in China's judicial practice,excessive detention is a real problem,the criminal coercive measures to replace criminal penalties contrary to the legislative intent,the minor criminal offense is unfair,The victim offender reconciliation system can reduce the unnecessary detention,reduce the re-judgment detention rate and avoid the negative effects such as the cross-infection between the criminals.At present,the speed of victim offender reconciliation has not been improved,but was a serious downward trend,did not achieve the expected effect of legislation,for a variety of reasons: Power allocation is unreasonable,supporting mechanism is not perfect,leading to the implementation of reconciliation of the judiciary is not in place and the lack of effective supervision of the situation;Imperfect legal provisions and legal interpretation of vacancies,leading to judicial practice in the actual situation and the emergence of new situations can not be resolved;The lack of criminal reconciliation ability of the investigators and the lack of legal quality,resulting in criminal reconciliation can not be carried out flexibly and the loss of criminal cases.Therefore,the victim offender reconciliation system,the supporting mechanism should be followed up in a timely manner,legal norms and judicial interpretation to constantly adjust the new issues,judicial personnel should also continue to strengthen the legal knowledge of learning,improve legal literacy.Victim offender reconciliation system in our country at the initial stage of development,new things must go through a mature process by the immature mature.In this paper,the victim offender reconciliation system in the judicial practice embodied in the theoretical and judicial aspects of the problem analysis,combing,and then the scope of the scope of reconciliation,etc.put forward their own views and suggestions for the improvement of victim offender reconciliation system and judicial practice to make recommendations.