The Research On The Criminal Reconciliation Of China

We live in a value pluralistic society,the value of diversification will inevitably bring about the diversification of people's behavior,criminal offence is facing a great increase with the huge change in our society,the traditional criminal justicature is becoming more and more difficult to achieve effective suppression of crime through the "strike hard" strategy,the traditional criminal justicature has many limitation in crime suppression,people start to criticize the arbitrary of the traditional criminal justicature.Criminal reconciliation respects the willingness of the parties to conciliate in the criminal judicial process,it pay attention to protect the interests of the victims who were neglected in traditional criminal judicial process,Criminal reconciliation not only based on the current criminal identification,and also paying more attention to the perpetrator after the reconciliatiion,the criminal reconciliation system aims to through friendly negotiation between the offender and the victim to resolve conflicts and disputes between the parties,alleviate social contradictions,with actors sincerely repent as a starting point,and through the money compensation and apology to realize the external manifestation of restorative justice to replace retributive justice.Criminal reconciliation includes the substantive penalty and procedural right to appeal.It also includes criminal entity and procedural norms,and has strong comprehensive nature.It belongs to the forefront exploration of criminal justice.Since the introduction of the victim offender reconciliation system to China in 2001,the criminal reconciliation system has been exploring for nearly twenty years in academic circles and judicial practice circles,and the operation mechanism and theoretical basis have made great progress.The scholars of our country complete the localization research through the harmonious culture inherent principle of criminal reconciliation system and the traditional Chinese combination,based on the criminal reconciliation practice,the criminal procedure law revised in 2012 in a special chapter on criminal reconciliation stipulation marked thel establishment of criminal reconciliation system in china.Although the new Criminal Procedure Law stipulates the scope of application of criminal reconciliation,the stage of application,and the consequences of reconciliation,on the basis change of the value orientation of the criminal law from the state standard to the individual standard,the basic principle of the criminal reconciliation and the provisions of the criminal procedure law on the way of reconciliation It is not difficult to find that criminal reconciliation still has some problems in the system design and specific practices.The new Criminal Procedure Law restricts the scope of application of criminal reconciliation to criminal crimes that may be punished by three years or less under Chapters 4 and 5 of the Criminal Code,which are caused by civil disputes and except negligent crimes other than dereliction of duty,which protects the criminal victims are far from enough.From the perspective of personal standards,as long as there are specific victims in crimes,they should be given opportunities for reconciliation.In addition to the problems with a relatively small scope of application in the system,the criminal reconciliation system in our country has also appeared in the process of specific judicial practice the impression of the public in the criminal reconciliation “spending money to mitigate punishment”.It is necessary to see the essence through phenomena in this issue.A distinction is made between “spending money and buying penalties”.The understanding that criminal reconciliation in society is equal to “spending money to buy penalties” is due to the public's lack of understanding of criminal reconciliation systems and the gap between the rich and the poor in society.The indignation has shifted to the criminal reconciliation system.It is believed that the criminal reconciliation has brought about social injustice.On the other hand,there is indeed a criminal reconciliation between the parties that violates the principle of voluntary legality,that is use money to mitigate punishment in the real sense.Criminal reconciliation in this situation must be banned.In addition to that problems of criminal reconciliation,many people think criminal reconciliation equals compensation for damages and apologetic apology,resulting in The criminal reconciliation approach is too single,which is difficult to restore social relations and protect the interests of victims..As the scope of application of the criminal reconciliation system is small and it is difficult to fully realize the role of criminal reconciliation in restoring justice and protecting the interests of victims,the comparative research approach can be used to analyze the path of expanding the scope of application of criminal reconciliation in the United States,Germany,and France.In light of the specific circumstances,we need to explore a measure to expand the scope of application of criminal reconciliation with China's national conditions.As for the problem of using money to reduce punishment in criminal reconciliation,it is necessary to improve the supervision mechanism for criminal reconciliation in our country,prosecutorial organs play an important role of in the supervision of criminal reconciliation,Prosecutor must ensure the reconciliation of the parties' willingness,and to settle the agreement legally.In criminal reconciliation methods,we must do our best to reduce reliance on one-off economic compensation and apology,try to use instalment compensation,labor compensation,etc.At the same time,we must also pay attention to the restoration of psychological harm to victims.