On The Expansion Of Criminal Reconciliation

The development of criminal reconciliation in China has gone through three stages:theoretical promotion,practical advancement and legislative confirmation.No matter at what stage,experts in China's academic circles have their own unique views on the scope of application of criminal reconciliation.Before legislation is expressly provided,criminal reconciliation The scope of application has caused great controversy.The 2012 legislative confirmation began to lay the foundation for the stable development of criminal reconciliation.The range of application of the current criminal reconciliation in my country is mainly based on the types of crime,the personal danger that harms people,and the guilt.Although the scope of criminal reconciliation stipulated in my country's current legislation is relatively conservative,it is consistent with the development at that time.From a global perspective,the scope of criminal reconciliation prescribed by typical countries outside the region is wider than the scope of criminal reconciliation prescribed by my country.The article mainly selects the scope of application of the legislative provisions of the United Kingdom,the United States,France,and Germany for research and comparison.The four typical national criminal settlements can be applied to serious crimes committed by adults,and they are gradually expanded from minor crimes to some serious crimes.of.The legislative experience of foreign countries is worthy of reference for our country.According to the current development of my country's criminal reconciliation system,the scope of criminal reconciliation should also be expanded in legislation.As the criminal reconciliation system is more and more widely applied in judicial practice,the development of criminal reconciliation has become more mature.Through the study of the judicial judgment documents of criminal cases,the author found that there are many cases beyond the scope of criminal reconciliation,and the criminal reconciliation beyond the scope has finally achieved a good social effect.Judicial practice affects legislative activities.When a large number of criminal reconciliations appear in judicial practice,we should reflect on whether the current legislative provisions are too narrow.Practice also proves that the scope of application of thecurrent criminal reconciliation is difficult to meet the needs of judicial practice,and can not conform to the development trend of criminal reconciliation.Compared with the scope of criminal reconciliation stipulated in the current legislation,in some cases beyond the scope of criminal reconciliation,the damage caused by the injured party is greater than it actually is.In the case where the victim suffered major damage,the perpetrator was allowed to reach a settlement with the victim,and the perpetrator actively compensated and tried to repair the damage.This is a good medicine for the victim and the victim's family to eliminate their resentment and to calm their psychological Good medicine for trauma.Furthermore,if the perpetrators in these cases can truly remorse and actively compensate,so as to achieve the effect of reducing certain penalties,it will be more conducive to their return to society.Penalties are not just for severely punishing crimes,but maintaining the stability of social order is also the proper meaning of penalties.The criminal reconciliation cases in judicial practice are in line with the essence of the concept of judicial cooperation,which guarantees human rights and at the same time makes the case a win-win situation It maintains the stability of social order and promotes the progress of justice and the progress of the entire society.Therefore,it is not only feasible but also necessary to expand the scope of criminal reconciliation from the perspective of legislation.In view of the expanding application of criminal reconciliation,in order to better adapt to the trend of judicial practice and maintain social order,the scope of criminal reconciliation can be further expanded on the basis of current legislation.Specifically,the limitation of the scope of criminal reconciliation can be removed from legislation.As long as there is a specific victim's crime,the victim should be allowed to reach a settlement with the offender within the scope of their disposition.Criminal reconciliation as a sentencing plot must also be a relative sentencing plot rather than an absolute sentencing plot.It is not that a criminal settlement will necessarily result in leniency or exemption.The case-handling organ shall consider whether to reduce the penalty,reduce the penalty or exempt the penalty based on the overall situation of the case.Abolishing the limitation of the scope of application of criminal reconciliation in the current legislation will be a major leap forward in the criminal reconciliation system,and its application should be regulated more strictly to ensure fairness,rationality and rigor in the application so that it can better play its role Features.The purpose of all systems being updated or reformed is ultimately people-oriented,so that everyone's rights can be realized to the maximum extent.Abolishing the limitation of the scope of the current criminal reconciliation can maximize the perpetrators and victims from passive participation to taking the initiative to work together with the national judicial organs to solve their own criminal problems.