On The Legal System Of Criminal Reconciliation In China

The purpose of criminal reconciliation in judicial practice is to repair the damaged social relations and social order,and to solve the criminal disputes fundamentally.This coincides with the concept of harmonious justice contained in the traditional Chinese thought of "harmony",which changes the traditional criminal justice theory that takes the state as the standard and emphasizes that the State exercises penalty on the criminal to correct the criminal.Since the revision of the criminal procedure law in 2013,China has made special provisions on the criminal reconciliation system,so that the application of the criminal reconciliation system in China can be governed by law,and the applicable results can also be guaranteed by the state’s compulsory force.However,at present,there are still many problems in the criminal reconciliation system in the legal provisions and judicial practice,which affect the role of the system.The purpose of this paper is to sort out the concept of criminal reconciliation at home and abroad,to compare and analyze the differences and advantages of foreign criminal reconciliation systems,to explore the problems existing in China’s criminal reconciliation system,and to put forward suggestions for improvement.The main body of this paper is divided into four parts: the first part is an overview of the basic theory of criminal reconciliation,discussing the connotation,cultural connotation of criminal reconciliation and the difference between it and the traditional criminal justice concept;the second part is an analysis of the criminal reconciliation system and problems in China,introducing the current situation of the criminal reconciliation system in China,and analyzing the problems existing in the legislation and justice of the criminal reconciliation system in China;the second part is an analysis of the current situation of the criminal reconciliation system in China The third part is the investigation of foreign criminal reconciliation system.It introduces the criminal reconciliation system of Germany and France in the civil law system countries,the relevant provisions of the criminal reconciliation system of Britain and the United States in the common law system countries,and explores the content worthy of our reference.The fourth part is the suggestions for the improvement of our criminal reconciliation system.According to the problems existing in our criminal reconciliation system combined with the relevant content of foreign countries,giving some suggestions on the establishment and application of the criminal reconciliation system in China.