Several Studies Criminal Reconciliation System

Recently, the Criminal Reconciliation System has been rising up in western countries, and it brings a criminal judicial reform movement. The judicial reform movement which relies on the sudden rising of the victim oriented criminal protection trend and with criminal as the centre of prison, correctional policy dilemma as the background, from a new perspective to the criminal law system, deeply influences the western criminal judicial trend the crime prevention model. In western developed countries, the criminal reconciliation has been generally recognized, the criminal reconciliation system is relatively perfect. The Criminal reconciliation is the breakthrough to the traditional criminal justice and is always questioning the national prosecution and criminal retributive justice opinion, its purpose is to recover the social relations which damaged by the criminal, and its basic spirit is to protect both the victim’s interests as the core and perpetrators and social public interests. With the concept of the constructing harmonious society, the Chinese education circles and the judicial circles also positively start on the research and exploration to the criminal reconciliation system. While some judicial authorities put the criminal reconciliation into practice and also introduce the relevant operation rules. The criminal reconciliation brought into the criminal dispute settlement procedures effectively solves the contradiction between the victims and offenders and has positive effect on the improvement of litigation efficiency, saving and optimization of the judicial resources, the achievement of fairness and justice, and the promotion to the social harmony and stability. It also makes up for the shortcomings of the traditional criminal justice system and its superiority is obvious. However, to be honest, since the criminal reconciliation system of our country only stay at the stage of exploration and still challenges the traditional criminal justice opinions. This article is precisely based on the above considerations. In such a situation of which the Criminal Reconciliation System has not been finalized yet, we should learn from the successful experience of foreign countries and be based on the criminal judicial practice of our country, exploring the realistic soil and the theoretical foundation, in order to construct the conforms to the Chinese national condition.In my essay, using the dialectical method, historical analysis method and comparative research method, the scientific analysis of the criminal reconciliation system generation, development, it describes in detail how to build the criminal reconciliation system both based on our conditions and the criminal reconciliation model abroad. And my essay will be divided into the following sections:The first part will be the summarization of the criminal reconciliation system, mainly by means of three aspects which state the origin of the criminal reconciliation and related concepts as well as the definition.The second part will be the comparison of the different criminal reconciliation systems between Chinese and foreign countries. Based on it, I will mine the deep concept of criminal justice and analysis the foreign model to improve Chinese criminal reconciliation mode. It can be divided into three aspects:(A) the western countries criminal settlement patterns and characteristics; (B) the foreign criminal reconciliation of practice characteristics.The third part will be theChinese criminal reconciliation pratice, mode and current situation.The fourth part will be the reconstruction of the Chinese criminal reconciliation pattern. (A) The necessity and feasibility of importing the criminal reconciliation system; (B) The applicable scope and conditions of the criminal reconciliation system; (C) The application of phaseThe fifth part will be the legitimacy of the criminal reconciliation to the death penalty, divided into the following aspects:(A) The legitimacy of the criminal reconciliation to the death penalty; (B) The referee balance available to the criminal reconciliation in death penalty cases; (C) The reasonable range available to the criminal reconciliation in death penalty cases; (D) The operating level available to the criminal reconciliation in death penalty cases; (E) The basic conditions available to the criminal reconciliation in death penalty cases; (F) The operation specification available to the criminal reconciliation in death penalty cases.