Analysis On Several Issues Of Criminal Reconciliation

The first part is "a summary of the system of criminal reconciliation".First elaborates the concept,characteristic and value of criminal reconciliation,the criminal reconciliation is the perpetrator and the victim in the criminal case to discuss the interactive behavior of settlement of criminal disputes or conflicts,which aims to maximize damage repair for the crime and social relations,highlighting the openness and protection of human rights doctrine of modern law.Secondly,it briefly introduces the development of the criminal reconciliation system in various countries,as well as the relationship between the criminal reconciliation and the restorative justice in China.The concept of "criminal reconciliation" and "restorative justice" were first put forward by western scholars,reflecting on traditional criminal justice system and criminal law system,and later introduced by Chinese scholars.In Chinese context,"before the concept of criminal reconciliation practice",is the legal response to Chinese social change,innovation behavior is our spontaneous self,with utilitarian value,mostly depend on the formal judicial process,did not form a complete and consistent measures,still only by the implementation of the judicial organs of a judicial process or way of handling cases of reform.The second part is "the development process and operation of the criminal reconciliation system in China".First,it is the development of our criminal reconciliation system.In this part,we introduce the development of criminal reconciliation in China,its relationship with our traditional legal culture,and its different manifestations in different periods.Secondly,it introduces the exploration and practice of criminal reconciliation in China.The public security organs across thecountry from the local reality,to actively explore,and constantly summarize and develop the regional departments operating norms and guidance,the formation of the obvious characteristics of the three main modes of criminal reconciliation.The third part is "explore the establishment of Chinese criminal reconciliation system".This part mainly aims at solving various problems in the practice of criminal reconciliation in China,and puts forward the corresponding solutions.To explore the inherent drawbacks of criminal reconciliation system and Chinese under special conditions are exposed many problems,such as: the true meaning of the expression of doubt,the dominant force is not clear,the lack of normative operation and supervision,efficiency value of doubt,the applicable scope is questionable;in view of the above problems,put forward some suggestions for the reconstruction.The criminal reconciliation procedure defined in the prosecution stage,the establishment of passive criminal reconciliation system dominated by the procuratorial organs;in principle,widely applicable criminal reconciliation,be restricted only in the review process;complete the statutory reconciliation procedures within the time limit;to establish and perfect the legal aid,psychological correction,community assistance,social services,poverty relief and other supporting systems;changes to the current laws and judicial interpretation is proposed;finally,the author proposes the establishment of a semi official criminal The recommendations of the Reconciliation Commission,the occupational criminal and the demodulation of the human system.