On The System Of Criminal Reconciliation

Criminal reconciliation system is an important system in the field of Criminal Justice,It originated in the middle of the last century the western criminal judicial practice,Both countries of Anglo American law system or continental law system country,Advanced system for this rise has been favored.Countries according to their own reality and the tradition of legal culture, showing the charm of this area alone.In twentieth Century 70’s, because of "the rise of the concept of restorative justice",The criminal reconciliation system quickly in the worldwide spread and used by most of the countries.In our country,In recent years,"With the criminal policy of combining punishment with Leniency" guidelines "and the concept of harmonious society" deeply,As well as the objective reality of demand in the judicial practice,"Criminal reconciliation" also gradually began to be the legal theory and judicial practice of the attention.In 2012 the newly revised "Criminal Procedure Law" will be officially into the legal framework of criminal reconciliation.The criminal reconciliation system is able to smooth a clear legal system in our country, a written,This is China’s current political background and the thought of the people, especially the Chinese traditional culture are inseparable,The rise and development of the criminal reconciliation in our country provides powerful conditions.At the same time,The importance and feasibility of the existence and development of the criminal reconciliation in china,Its importance is mainly reflected in, on the one hand, the criminal reconciliation meets the inherent requirement of the harmonious society,On the other hand, the criminal reconciliation is conducive to the protection of the interests of the victims, to adapt to the new international trend of restorative justice, so as to meet the need of the reform of the judicial system and the development of.But the feasibility in, not only has a strong "Harmonious" Ideological and cultural support,And the criminal policy experience.Therefore,of combining punishment with leniency guidance and abundant practice he criminal reconciliation system in our country to establish and develop is to represent the general trend,It is more important to join this system, will greatly promote the judicial system reform and social development of the harmonious and orderly.However, the system play a positive role at the same time,We must realize,At present,The criminal reconciliation system is still in the exploration stage, the study of a,Although the cultural rules of the new criminal procedure law,Recognition of the value and the function.But overall,It has not formed a complete, unified system,And, at the same time,In the specific legal provisions still exist a series of problems such as the criminal reconciliation applicable scope is relatively conservative, crime victims to obtain compensation, settlement effect is not clear.Therefore,The above dilemma,This paper mainly through the method of historical study, comparative study and logical thinking,Based on the basic theory of the criminal reconciliation system of,Analysis of criminal reconciliation system and the existence of the importance and feasibility of development in our country, to explore the major loopholes in China’s criminal reconciliation system in judicial practice,As for the criminal reconciliation system play a more positive and perfect role in our country’s judicial practice, and to seek the effective way.This paper is divided into five chapters.The first chapter is the overview of the system of criminal reconciliation system,The main research content, from the characteristics of the criminal reconciliation system in three aspects of history and value,Thus, in order to pave the way for the second chapter;The second chapter is the analysis from the importance of the construction of criminal reconciliation system in our country and the feasibility;The third chapter is to explore the application of the criminal reconciliation system of western countries to study angle, mainly through the common law and civil law countries;The fourth chapter mainly elaborated the current our country in the process of application of the criminal reconciliation system situation and facing problems demanding prompt solution;The fifth chapter is for the criminal reconciliation system in China in the current problems put forward a sound proposal and solution.Any new things always change dressing and mature experience behind countless times,Similarly, as a new criminal procedural system,It will continue to revise and perfect in judicial practice.And,finally accepted by common people.