The Improvement Of My Country's Criminal Reconciliation System

Criminal reconciliation system,after decades of development,has now become an important dispute resolution mechanism in judicial practice.The initial purpose of the system is to solve the drawbacks of the criminal justice model and the imprisonment system which mainly focus on state Prosecution.With the continuous development of social economy,in the field of criminal justice,the trend of paying attention to the protection of human rights of the parties is becoming increasingly obvious.has begun to prevail in various countries in the world.The innovation of this criminal justice concept is not only based on the need of the continuous development of human rights theory,but also the inevitable choice of the criminal law system as an important way to solve social crime problems.After the rise of the criminal reconciliation system in China,a wave of research on the system has arisen in the academic circles of litigation.Various articles on the system have been published in journals.At the same time,China completed the revision of the Criminal Procedure Law on March 14,2012.The criminal reconciliation system was formally incorporated into the revised criminal procedure law and principles and conditions.and scope of application of the system were stipulated,which provides a solution for the relevant types of cases in China's judicial practice.It not only provides the system foundation,but also provides a new idea for the implementation of the strategy of ruling the country by law in an all-round way,and creates a new content for the deepening of criminal justice reform.However,with the development of society,as a newly established system,there will inevitably be problems of this kind,and it has become an inevitable trend to re-study it.On the basis of predecessors' research,problems are found and gradually improved,which is the result of the law and the main content of this paper.On the basis of previous studies,this paper summarizes the concept,characteristics,functions and values of China's criminal reconciliation system and the judicial status quo of our country.Through summarizing and sorting out the relevant aspects of the criminal reconciliation system,it analyzes the beneficial experience of other countries' relevant systems and further combines the specific national conditions of our country.To improve our criminal reconciliation system,we put forward our own proposals.It is divided into four parts.The first part focuses on the relevant content of the criminal reconciliation system.Through the analysis of the meaning,characteristics,theoretical basis and functional value of the criminal reconciliation system,it has a deep understanding of criminal reconciliation based on the macro level,emphasizing the criminal reconciliation system and other institutional systems.The difference between the two.The second part mainly elaborates the development status of the criminal reconciliation system in various countries,and expounds the application effect in the process of case handling,compares the advantages and disadvantages of each country,and thus provides a powerful reference for China.The third part focuses on the domestic criminal reconciliation.The current development of the system,including the collation and summary of legislation and judicial practice,found its problems in the development process of our country.The fourth partis the key part of this paper.This part mainly focuses on the above situation,that is,the status quo and problems in our country's legislation and judicial practice,and combines the procuratorial work and other judicial practices from the scope of application of the criminal reconciliation system,the applicable stage,the compensation standard,Legal opinions,supporting mechanisms and other aspects have put forward personal views,which can provide a strong reference for the establishment of various systems and have certain practical significance for its future development.