The Study Of China's Localization Of Criminal Reconciliation System

The Criminal reconciliation system is an important exploration in judicial authority which implements criminal policy of "tempering justice with mercy"However, there are neither clear written documents nor relevant judicial explanations about Criminal reconciliation in China's current criminal laws. Some places only published a few local relevant provisional measures of trial victim - offender mediation. Traditional criminal judicature patterns marked by national prosecution and the penal systems symbolized by imprisonment have resulted in extreme opposition between prisoners and our country, causing high pressures on the management of prison system. It also affects the positive remolding of prisoners. The Criminal reconciliation system corresponds with the demand of constructing a harmonious society. Meanwhile, it is the need of building a fair and authoritative socialist judicial system. The construction of Criminal reconciliation system in our country should be different from foreign restorative justice or plea bargaining system. The mainstream thought in China is that Criminal reconciliation system should exclude plea bargaining, simply referring to the reconciliation between victims and the offenders. It should inherit Chinese excellent legal traditions, and establish a communication platform between the victims and the offenders with combination of the existing legal proceedings and absorption of reconciliation and mediation experience during new-democratic period in liberated areas so that the victims can get compensation and get a better understanding of the offenders. The Prosecutors can suggest the Court sentencing on light punishment, even not to sue, which has a great significance on the remolding of he offenders and can avoid new unnecessary contradictions. Meanwhile, on the basis of establishing the victim-offender-reconciliation system, and combining with the system itself, the Court shall hold firmly to the principles of Court decision , Bilateral agreement , Penal priority, The leading role of procurator organs, and concentrate on its reconciliation function in carrying out harmonic, overall state policy directions and the criminal policy of tempering justice with mercy .With a better understanding and implementation of harmonious society concepts and social and legal system requirements ,it should have an exploration of the feasibility in enforcing community correction.