Criminal Reconciliation At The Feasibility Analysis Of Our Country

The author in the first chapter defines criminal reconciliation and analyse its characters. Criminal reconciliation is a way to resolve dispute by means of consultation of the parties with participation of public power. There are clear differences between criminal reconciliation and settling out of court, mediation, plea bargaining, restorative justice. Settling out of court, circumvent the authority of national public participation, can not completely solve the case surely. Mediation is under the auspices of a neutral third party, in most cases under the auspices of the People's Mediation Committee and other social service agencies. In plea bargaining for more serious crimes, the interests of victims can not be effectively safeguarded because prosecutors, lawyers and the accused promote the procedure mainly. Restorative justice is a system of macro-areas, even in the face of late, but the practical model far beyond the criminal reconciliation.In the second chapter, with the use of comparative analysis, some viable factors at the premise are given. Criminal reconciliation is in line with the value of criminal law and the purpose of penalty with complement each other with at this stage of the ordinary criminal justice process in our country. Criminal reconciliation and statutory criminal law principles, such as statutory principles of crime, to adapt the principles of criminal responsibility, application of criminal law with equality, is consistent. At the imposition of criminal reconciliation in our country, there is conducive to the restoration of victims and criminals harm the re-socialization, in favor of the prosecution of our country out of the plight of a relatively not to prosecute, there is conducive to the realization of litigation triage, and optimize the allocation of judicial resources and to achieve finality of disputes solution.In the third chapter, the writer analyse the exited conditions of the criminal reconciliation viable in our country. Building a harmonious society background, people-centered humanistic spirit, across the country mediation bodies, as well as provincial and municipal criminal reconciliation vigorously tries, have provided the conditions of the introduction of the system for our country. In chapterâ…£of the system construction, cases method is applied to a large. Offenders toplead guilty, the parties voluntarily, the cases consistent with the specific scope are requirement of criminal reconciliation. The principle of voluntary and optimal persuasion, pleaded repentance with equal emphasis of material compensation, light guilty over weight guilty, through-procedure are basic principles of criminal reconciliation that should be followed. Criminal reconciliation, applicable to light crimes, juvenile delinquency cases, the acquaintance between the criminal cases, the fault committed, the suspension of offenders, reluctant followers, as well as the private prosecution case, may be in the various proceeding stages, such as investigation, prosecution, trial and so on. Criminal reconciliation can be started by public security organs, procuratorial organs and judicial organs and chaired by the people's mediation Committee. Through the record, return, report, exposure, raise objections and to return to formal judicial proceedings, such as ways are to strengthen legal supervision in the process of reconciliation. We should not only definitely put criminal reconciliation into statutory law, but actively explore the community correction system and optimize the evaluation indicators of criminal justice. At the same time, doing a good job of convergence in the process of reconciliation is also necessary.