Study On The Criminal Reconciliation System

Criminal reconciliation is the traditional criminal justice system in the theory andpractice of confusion faced setbacks based on the generated. It injures and the victimand the state of the relationship between the to be evaluated, and in criminal justice toall parties reorientation, to work hard to protect the victim interests and make realoffender smooth return of social goals. Criminal reconciliation is a kind of new criminaljudicial mode, represents the innovative spirit and a new legal culture, have to solve thecontradiction of the crime and dissolve produce immediate results, and on the criminaljustice system reform and the construction of harmonious society form the significantinfluence. In our country, constructing scientific, rigorous criminal reconciliation systemis not only beneficial to avoid many disadvantages of traditional criminal justice, butalso to help "tempering justice with mercy" practice of criminal judicial policy and theconstruction of socialistic harmonious society. The author tries to the basic theory ofcriminal reconciliation and the judicial practice problem analysis and research and wantto do little of their own power in our country for comprehensive building criminalreconciliation system provides some advice.This article mainly includes the following four aspects:The first part, this part mainly introduced the victim-offender-reconciliation systemconcept and criminal reconciliation and criminal mediation, criminal "elder brother",plea bargaining, restorative justice of the relation and distinction between, and thenintroduced the criminal reconciliation system in our country and foreign origin anddevelopment;The second part, the part of the victim-offender mediation emphatically expoundsthe necessity and importance. The traditional criminal justice system in theory and inpractice confusion faced setbacks in our construction makesvictim-offender-reconciliation system become necessary. Criminal reconciliation systemto protect the victims of interests, make smooth return society, improve the aggressorjudicial efficiency and save the judicial resources the positive of the important effect,make its and is very important;The third part, this part focuses on the feasibility of criminal reconciliation system.The author from our own ideological and cultural background, the existing legalfoundation, national policy and the judicial practice discussed, in our country building criminal reconciliation system is feasible;The fourth part, criminal reconciliation system construction is the focus of thisarticle, the criminal reconciliation participation body, scope, the applicable condition,the applicable stage, the procedures and criminal reconciliation process problems shouldbe paid attention to, also is the criminal reconciliation system the key.