A Study On The Dilemma Of Judicial Credibility Of Chinese Criminal Reconciliation And The Countermeasures

Before 2012,when various judicial organs successively carried out judicial experiments on criminal reconciliation,the main dispute that criminal reconciliation faced was whether it had legitimacy and rationality.In 2012,criminal reconciliation was formulated as a special procedure of criminal procedure law,and the above-mentioned disputes in criminal reconciliation had a unified answer.However,after criminal reconciliation was promoted from a practical experience to a legal system,the criminal reconciliation system faced new problems in judicial application.A lot of empirical research shows that the criminal reconciliation system has practical problems of difficult and disordered application,but the deep-seated problem hidden in these practical phenomena is that the criminal reconciliation is in the predicament of insufficient judicial credibility.The judicial credibility of criminal reconciliation refers to the fact that criminal reconciliation can solve criminal disputes fairly and efficiently and promote social harmony.The lack of judicial credibility of criminal reconciliation mainly lies in the fact that criminal reconciliation cannot provide the ability to solve disputes fairly and efficiently and promote social harmony,and cannot be trusted by the public.The reasons that affects the lack of credibility of criminal reconciliation justice lies not only in the legal norms,but also outside the norms.In the norm,firstly,the imperfection and unclarity of the legal system directly lead to the defects or even blank of the legal basis and legal guidance of criminal reconciliation.This not only increases the difficulty of procedure operation in the reconciliation process,but also affects the judicial efficiency of criminal reconciliation.Followed by in the judicial practice,to participate in reconciliation between the main body of the interests of all parties balance state of cooperative game is broken,and with the influence of various realistic factors in the process of reconciliation,reconciliation between each link form a vicious circle,interact,mutual restrict,criminal reconciliation judicial credit and judicial trust naturally greatly affected.In addition to norms,from the perspective of mutual communication,on the one hand,the judicial operation of criminal reconciliation cannot be effectively opened,on the other hand,the feedback of public opinion is also restricted.There are practical obstacles in the links of informationsending,receiving and feedback between the two parties,so that the benign communication cannot be formed and the trust relationship between the two parties cannot be established.Therefore,the way to break through the practical dilemma of the lack of judicial credibility in criminal reconciliation also needs to be explored both within and outside the norms.In order to enhance the operability and certainty of the procedure of criminal reconciliation,laws and regulations of criminal reconciliation are elaborated in the standard.In addition to the norms,different evaluation mechanisms on the credibility of criminal reconciliation justice are formulated in the face of different evaluation subjects of the credibility of criminal reconciliation justice.Meanwhile,it also starts to promote the benign communication between the judiciary and the media and guide the public to make rational evaluation on the credibility of criminal reconciliation.