| Criminal reconciliation means in criminal proceeding,perpetrators and victims have a voluntary and equal consultation,then perpetrators sincerely repentance to victims,so they can reach a settlement,finally the national judiciary dealt with leniently to perpetrators.The system developed from Western countries in the last century,in recent years,the judiciary over our country learn Restorative Justice from the west,while combined with specific local conditions,actively pursued the judicial practice of criminal reconciliation,achieved a positive social effect.In the "Code of Criminal Procedure" revised in 2012,adds a chapter of criminal reconciliation,and the system obtained the formal approval of the law.Criminal reconciliation not only learn from the Restorative Justice,but also the concrete manifestation of the policy of "Temper justice with mercy",and fit with the traditional culture of "reconciliation","no suits",and the international trends of Restorative Justice.Compared with the traditional system of criminal procedure,criminal reconciliation give more attention to the interests of the parties,reflects the development in the protection of human rights of China.Through the implementation of the criminal reconciliation,the interests of victims can be protected more better and he can smoothly recover from injuries;and can resolve the conflicts between the offender and the victim,while educating the perpetrators,so that the offender can be returned,achieve a harmonious society;also help conserve judicial resources,reduce the cost of justice.However,the development of criminal reconciliation system at an early stage,there will be some problems in the legislative and judicial,for example,people do not understand the criminal system and there is the possibility of judicial corruption,so that,the criminal reconciliation can’t fully play out its functions.Therefore,our criminal reconciliation system needs further analysis,discussion,and improves.This article takes the current situation and problems of the criminal reconciliation system as the entry point,combined the research of scholars and the reference of extraterritorial criminal reconciliation system,then put some suggestions to improve the criminal reconciliation system.This paper is divided into four parts.The first part is an introduction,discusses the background and significance of this study,and some of the existing research,and research methods.The second part is the analysis of the current situation and problems of the criminal reconciliation system of our country,there are three provisions of the "Code of Criminal Procedure",mainly related scope of application,preconditions,participants and effect,etc,the main problem lies imperfect law,narrow scope of application,single way of reconciliation,lack of judicial supervision and supporting mechanisms.The third part is the analysis and reference of the extraterritorial criminal reconciliation system,including United States,Britain,Germany,Canada,etc,and then draw some useful inspiration;The fourth part is proposal of the criminal reconciliation system,including determining the basic principles of criminal reconciliation,improve the legal,expand the scope of application,explore the diverse ways of the criminal reconciliation,strengthen judicial supervision and establish supporting mechanisms,etc. |
