Criminal Reconciliation Felony Case Study

The origin of modern criminal reconciliation system is in the West,after the1970shas been gradually introduced into China,its open and transparent dispute settlementmechanism has been widespread concern of scholars and respected,public opinion ismore figurative called “elder brother”.Compared with the traditional criminaldispute resolution,whether,in felony cases or misdemeanor cases,criminalreconciliation has an unparalleled advantage.criminal reconciliation system inChina is late start,but developes rapidly,in the current legislation is still a blank,but injudicial practice has gained a certain degree of development.From judicialpractice,applicable range of cases of criminal reconciliation is no longer limited to minorcriminal cases,some places in China there have been a case of felony cases criminalreconciliation.In2007,in DongguanGuangdong,occurrs a "lose money commutation"case,the outcome of the trial and hearing of the case leads to a wide range of heatof the community meetings and questioned,puts felony cases criminalreconciliation system to the cusp of public opinion.The application of criminalreconciliation system in felony cases has legitimacy and feasibility,to establish felonycases criminal reconciliation system with Chinese characteristics is imperative.In thispaper,on the basis of comparative extraterritorial criminal legislation and practice ofreconciliation,analyzes the legitimacy of the criminal reconciliation applies to felonycases,put forward my own views on felony cases criminal reconciliation system.The paper is divided into four chapters.The first chapter introduces the basic concepts of criminal reconciliation andextraterritorial criminal legislation and practice of reconciliation.From the foreignlegislation and practice,applicable range of cases of criminal reconciliation is no longerconfined to minor criminal cases,application of criminal reconciliation in felony casesmeets the development trend of the times.The second chapter describes the legislative and judicial practice of China’s currentcriminal settlement system.Felony cases criminal reconciliation is still a blank in China’slegislation,however,in judicial practice has burst out of the vitality,some local authoritieshave begun the exploration of the felony cases criminal reconciliation in judicialpractices,application of criminal reconciliation in felony cases has not won wide publicrecognition.The third chapter is the main part of the paper,mainly studys the legitimacy ofappllying criminal reconciliation system to felony cases.from six chapters demonstratethe legitimacy of appllying criminal reconciliation system to felony cases.The fourth chapter is also the main part of the paper,mainly studys the establishmentof felony cases criminal reconciliation system.