On The Justification Of Criminal Reconciliation In Felony Cases

In2013, China in the new "Criminal Procedural Law" the fifth part second chapterstipulated that in misdemeanor cases applicable criminal reconciliation. In the face of crimeis more and more complex, in order to fundamentally ease the contradiction between bothparties, and promote social harmony and stability, according to some felony cases, can beintroduced into the criminal reconciliation system.Due to a felony case offender is higher than misdemeanor cases offender personal risk,subjective vicious, bad social influence, therefore, when applicable criminal reconciliationfelony case should be limited. Part of the criminal reconciliation felony cases have thelegitimacy of its existence, does not necessarily produce "spend money on punishment", doesnot necessarily harm the majesty of criminal law and inviolable. The ultimate purpose of lawis not to make the society full of hatred, but to downplay inner vengeful, really resolvecontradictions, promote social stability and harmony. Part of the criminal reconciliationfelony cases, the essentially is under the national system, assignment of the appropriate publicpower, between public power and private rights, private rights and private rights to achieve acertain degree of harmony between. China’s current criminal legislation and policy hasreflected the felony case within a certain range can undertake criminal reconciliation, andaround the court has also been gradually try to apply this system to some felony case trial, andget more and more public recognition, has obtained the good legal and social effects.Lightening penalty, is the current trend of international development, and is the inevitablerequirement of social development, therefore, establish conforms China’s social developmentneeds of felony cases of criminal reconciliation system is imperative.