On Criminal Reconciliation System

The criminal reconciliation, appeared in western countries in the 1960's is a new kind of criminal justice system. In recent years, our country criminal law theory and the judicial practice in the study and discuss the victim-offender-reconciliation system. the system of criminal reconciliation in our criminal theory has become a hotspot. At the same time, the criminal reconciliation institutionalized local practices also exist a lot, because there is no unified legislation, criminal reconciliation, as a new judicial system, each region is constantly trying to explore. Tong said that criminal reconciliation in criminal procedure is refers to the process of operation, the victim and injures confessed, compensation, apologize to such understanding, national special organs for criminal responsibility for the aggressor or light punishment of a kind of case handling. In certain conditions can effectively relieve the victim and antagonism between injures, to dispose of social contradictions, and to solve the social disputes, create the harmonious society is of great significance. At the same time, the criminal reconciliation system can effectively reduce appeal and complaint cases, really do case knot, the case is achieved good effect, legal and social justice and efficiency of to be balanced value. This topic is in the theoretical and practical value.This paper is founded by three parts. The first chapter elaborates the origin and development of criminal reconciliation, trying to construct a special criminal reconciliation system in our country on the inquisition of the resemble in western country, also to make clear the related concepts such as criminal mediation, compounding and plea bargaining.The second chapter mainly elaborates the theretical foundations of criminal reconcilation, to begin with the academic bases of western criminal reconciliation, namely the level theory, the narrative theory, the restorative justice theory and the personal danger theory, among which the restorative justice theory is the sustainable. The theretical foundations in our country are the quest of constructing harmonious society and the crininal policy of temper justice with mercy. At the same time, this chapter discuss the relationship between the criminal reconciliation and the principles of criminal law, such as legality, guilt suiting and equality before the law.The third chapter specificly elaborates the construction of criminal reconcilation, in Chinese judicial practice. Firstly, I propose that the scope of application should be restricted strictly. On the basis of pointing out the problems in the applicating situation of criminal reconcilation, I bring forward that the attribute of criminal object should became the standard of restricting the scope of criminal object, for which decides whether the victim has the right of disposition or not. After that I set forth a gerneral analysis on the simple object and complicated object of crime. Secondly, in the criminal proceedings of criminal object, I want to stipulate the application in different proceedings such as investigation, prosecuion and trial, trying to establish a special system of criminal reconcilation in China.