On The Construction Of Criminal Conciliation System In China

Benefits of today's society is a pluralistic, democracy and the rule of law than ever, more and more attention to humanistic concern Community,The judicial system should be consistent with the social background of the integration,through an adjustment,Enhance the system inclusive, seeking a variety of problem-solving model, The criminal justice process in order to achieve the maximization of efficiency, In order to achieve this goal.In the1970's, the Western developed countries in the criminal justice procedures first try a new approach - Criminal reconciliation procedures. This procedure based on the concept of restorative justice, repairing the damaged relations between the society, presided over by the community mediation, through negotiations and consultations between the parties in reaching an amicable agreement, People from crime victims to make up for the loss of people from crime subject to criminal prosecution of the dispute resolution model. This mode is raised by one, they will have to have to respond to all countries in the world, many countries have begun to try to try this procedure.This paper is divided into three chapters to a comprehensive and systematic introduction of criminal reconciliation system.Chapter One for an overview of the criminal settlement, in order to enable readers to criminal reconciliation system has a preliminary understanding, the first describing a system of criminal connotation of reconciliation, Then introduce a criminal settlement system and its relationship with the origin of the distinction between related concepts, and then elaborated on the theoretical basis for criminal reconciliation.Chapter Two from the Western countries the status of criminal reconciliation system and our system of criminal reconciliation introduce two aspects of the status of the current system of criminal reconciliation. Detailed reconciliation of our criminal system, the relevant provisions and practice, meanwhile, pointed out the problems of our criminal reconciliation with the problem. Chapter Three discusses the construct of our system of criminal reconciliation system the concept of reconciliation from the criminal law set up the support of the application of the criminal settlement, the consequences of criminal reconciliation regulation and criminal settlement system established by these four aspects to the system on how to build our country's Criminal reconciliation system.Criminal reconciliation as a part of our criminal law enforcement in recent years the emergence of new things, everywhere, constantly explore and summarize, but also produced some positive results and impact. It should be noted, however, China's criminal reconciliation system positioning and running there are some issues requiring urgent solution. Traditional criminal justice as a necessary and beneficial supplement, restorative justice has the legal rationality and feasibility, Therefore, China should also be able to learn from and absorb the concept of restorative justice, improve the criminal settlement system to promote the smooth conduct of criminal reform.