Talk About The Our Country Criminal Reconciliation System Construction

The traditional criminal judicial mode, pocketing a criminal by national right to the settlement of disputes, reduces the party’s participate, and to the victim rights and interests protection and the renovation of the offender’s effect is not good. Criminal reconciliation system as a way to solve the case, not only can make up for the defect, and thus reveal justice, improve the judicial efficiency, promote social harmony. March14,201211the National People’s Congress by the fifth meeting of the "about revising the criminal procedure law of the People’s Republic of China> decision" the regulation of the public prosecution cases reconciliation system applicable scope of cases, suitable condition and the applicable procedures, the author intended to be the new "criminal procedural law" as the foundation, from the following five aspects of the construction of our criminal reconciliation system for further discussion. The first part, criminal reconciliation system overview. Part of this, the paper put forward the victim-offender mediation’s background and summary of judicial practice, under the premise of define the concept of criminal reconciliation, and using the research methods of comparative analysis, the criminal reconciliation and plea bargaining system, elder brother, litigation mediation compared, so as to prove that criminal reconciliation system and other system is different.The second part, the value analysis of criminal reconciliation. This part, from justice, judicial efficiency, the harmonious society from the point of view of the criminal reconciliation system analysis the pursuit of value.The third part, the applicable scope of cases criminal reconciliation. Part of this, the author puts forward a new "criminal procedural law" the regulation case expanded to for civil disputes caused by all criminal case, and "for civil disputes causes" as a criminal reconciliation applicable scope of cases the rationality of the standard and a felony, a death penalty case applicable criminal reconciliation and the feasibility of this paper.The fourth part, the applied conditions of criminal reconciliation and liability form. This part, combined with earlier criminal reconciliation for the scope of cases and the new "criminal procedural law" the regulation discusses the applied conditions of criminal reconciliation and the criminal responsibility of the offender after reconciliation form to make explanations.The fifth part, criminal reconciliation for the program. This part, criminal reconciliation system discussed in stages of the specific operation problem, and based on this, puts forward the criminal reconciliation system construction scheme of supervision mechanism.