The Legitimacy Analysis And System Construction Of The Reconciliation In Death Penalty Cases

The 2012 criminal procedure law stipulates the criminal reconciliation in law system,this "victim found movement" is considered to be the product restorative justice movement from west to east with our criminal judicial reform in the world.In recent years,even though the heavy offense and death penalty case have been rejected in Chinese criminal reconciliation system,they are usually used in practice,which makes the theoretical circle and the social public opinion dispute a lot.It's theory violate the traditional criminal law theory and the legitimacy is lack of legal logic torture.Also,practice is lack of legal norms to follow.In my paper,I will introduce three cases,summarize the outstanding problems in theory and practice,and state the legal logic and legitimacy of criminal reconciliation in criminal substantive law.Analysis the objection of Liang Genlin and Sun Wanhuai,reconsider the traditional criminal justice idea,and put forward the limited scope of death reconciliation.With the appearance of restorative justice theory,the change of the concept of criminal justice,such as the transformation of principle of the punishment,the attention of victim actual right.Also,the theoretical basis of death penalty cases reconciliation gradually establishes,so the death penalty cases reconciliation system is put forward,which includes the scope of reconciliation,settlement conditions,and supporting system,etc.