| In the traditional concept of criminal justice, is a crime against national interests, social relations as a protector of the state through the criminal justice process of criminal conviction, sentence, so that justice is served. "One of the victims of crime" was the personal relationship aside, the victim's role in the proceedings to be weakening, the two sides to seek a peaceful settlement of the compensation or the attempt to adversarial justice has been replaced by the consequences of doing so often the victims of crime and human relations Deterioration. Although crime is a violation of national interests, but its real subject is the victim, the victim is a criminal conflict direct participants. How in the criminal justice system to achieve not only protect the interests of victims and restore damaged relations between the community and rehabilitate offenders so that, in today's society reverted to the national criminal policy in the face of a real problem. Western reformer in the law on the issue of China put forward a theory of criminal reconciliation, not only for the victim to give it more attention, comfort and compensate the victims by reducing the harm to the injured party to the case, at the same time for Crime and education reform have also played a vital role and. Criminal reconciliation is considered to be criminal in the value of diversity under theoretical guidance, in order to stabilize the realization of social conflict Chong first, the realization of the rights and interests of victims of criminal remedies as a theoretical option. First of all, this article from the criminal system of reconciliation and features start with the definition and the concept of reconciliation would be a criminal with a number of similar concept Analysis, Sile, such as mediation, restorative justice, as well as plea bargaining, after the settlement system of criminal history and current status Details, including the settlement system of criminal origin and development of the criminal practice of the foreign settlement system of our country's profile as well as profiles of practice on this basis, from the author to build reconciliation in the criminal system of necessity and feasibility of the two levels of analysis, come to our country Construction should be the conclusion of the criminal system of reconciliation, and to build reconciliation in our criminal system has been put forward specific ideas, such as the reconciliation of our criminal system model, the premise of the application, the scope of the criminal settlement of the host selection, training and assessment, as well as the reconciliation of criminal procedure And the effect. In short, our current criminal system, only the embryonic form of criminal reconciliation, and the system does not sense, in the strict sense of the criminal settlement, and mature compared to the criminal settlement are still more than enough. As a result, the system of research, will undoubtedly benefit China's criminal legislation and judicial practice. |
