A Felony Case Criminal Reconciliation

Modem criminal reconciliation system in western countries, the victim judicature and the perspective of rights, to correct crime, realize injures, repair resocialization actor had destroyed the social relations, improve the efficiency of lawsuit and saves judicial resources and outstanding advantages caused in China's criminal judicial practice theory and the great attention and interest. The criminal reconciliation in public opinion is called the "elder brother", the sunlight as a new judicial mode in teenagers crime, criminal cases, slight solution process, has been widely used, shows a good social effect and to resolve the disputes. Along with the development of the system of criminal reconciliation, some areas in advance in case of a felony for criminal reconciliation, again the social from all walks of life caused widespread controversy. Victim-offender-reconciliation system of laws and regulations in China, some scholars and the public also expressed criminal and used in traditional Chinese felony case litigation concept, judicial mode, rule of traditional factors of conflict and anxiety. In addition, in actual case for felonies criminal reconciliation process is faced with some difficulties. How to deal with the crime cases in the applicable criminal reconciliation has become a reality we have to face. We cannot because in a felony cases into criminal reconciliation, the problems of negate, and should adopt the prudent manner, through the comparison system consummation criminal reconciliation in the case of a felony in reasonable apply, within the scope of the law to do with the unity of social effect.The paper has five chapters.The first chapter introduces the connotation of criminal reconciliation, theoretical basis, and on this basis for extraterritorial criminal reconciliation comparison research scope in China, in order to provide introduction criminal reconciliation felony cases. From the practice of abroad, criminal reconciliation has slight practice of criminal case scope, the list of felonies has begun to gradually into the criminal cases of reconciliation.The second chapter introduces the present situation of the victim - offender mediation legislation and judicial practice, focus on research into a felony to criminal reconciliation and the dilemma of cases. Victim-offender-reconciliation system level of legislation in our country, but lack of laws and regulations in judicial practice has profound foundation of practices, especially in criminal cases, the light has been widely application and achieved good social effect. Nevertheless, in case of a felony applicable criminal reconciliation will face of traditional national standard criminal lawsuit idea of conflict, repay socialist judicial concept conflict, may cause the victim abuse of power, cause the public to change money "torture", "buy the life", and may be caused by inequality between the new social injustice, etc.The third chapter research felony case applicable criminal reconciliation. Despite the lack of legal regulation, criminal reconciliation or has obvious advantages of dispute settlement, this article from the victim of re-examining benefit protection, For correction of criminal crime, realize the socialization of again, Help repair social relations, and promote social harmony. With multiplex dispute resolution, four aspects to cause the public to re-examine the value of the criminal reconciliation.The fourth chapter research felony case applicable criminal reconciliation. First, a felony case of punishment is not criminal reconciliation, is based on the alternative measures of performance and c - actor personal risk and may be mitigated punishment, the principle of suiting punishment to accord with. Secondly, the criminal reconciliation into a felony cases, also accord with our policy of "tempering justice with mercy" criminal justice, conjunction, traditional Chinese culture. The criminal incidental civil lawsuit system from a perspective for criminal reconciliation in felonies cases provided for reference. Finally, the criminal reconciliation in minor criminal cases and widely applied in the case of a felony to judicial practice also provides good practice base and laws.The fifth chapter basically studied felony case victim-offender-reconciliation system construction. This part is the main part of the article, the definition of the term "felony, as in the case of a felony in constructing the basic conception of victim - offender mediation. Including felony cases of criminal reconciliation applicable scope, suitable condition, applicable, host authority etc, and based on this, puts forward relevant specification and Suggestions.