On The Perfection Of Criminal Reconciliation System In China

Criminal reconciliation system as a new way of dispute resolution,reflects the trend of modern criminal justice to non-imprisonment and ease.At present,China’s construction of a socialist harmonious society,the implementation of the criminal justice policy of temper justice with mercy conforms to this trend.In the background of China to promote judicial reform,it is of great significance to perfect the criminal reconciliation system of our country to change the traditional concept of journalism and heavy penalty.It is also an important way to maintain justice and realize a harmonious society.The author through reading the relevant literature to understand the status of criminal reconciliation theory research,and through the analysis of the "Criminal Procedure Law",judicial interpretation and related laws and regulations,to understand China’s criminal reconciliation system legislation,then analyze the application of the criminal reconciliation system to understand the judicial practice of the system.Through the case analysis,literature research,visit the investigation and other ways to consider the criminal reconciliation system in China’s operation of the existing problems and make recommendations.The focus of this paper is to improve the system of criminal reconciliation in order to achieve the unity of legal effect and social effect.This paper is divided into five chapters,the first chapter is the introductory part.The introductory part mainly introduces the origin of the topic,the research summary and the research method.The second chapter discusses the connotation of criminal reconciliation system,which mainly includes two parts: concept definition and system value.The author defines the concept of criminal reconciliation by analyzing the different viewpoints of scholars and relevant legal provisions,and puts forward the value function of criminal reconciliation system,including social benefit,litigation benefit and humanism.The third chapter is the summary of the current situation of criminal reconciliation system.First of all,combing and analyzing the existing relevant provisions,and then exploring the system in our country’s judicial practice、problems,and the reasons.The fourth chapter introduces the criminal reconciliation system of the foreign countries and makes a comparative study in order to obtain the enlightenment to perfect the criminal reconciliation system in China.Chapter 5 puts forward the countermeasures to perfect the system of criminal reconciliation in our country.The author puts forward the suggestions to perfect the criminal reconciliation system in our country from the scope of application,the way of settlement,the applicable procedure and the supporting measures and the supervision mechanism,so as to achieve the purpose of this paper.This is also the foothold of this article.