Analysis Of The Practical Problems Of Criminal Reconciliation In Our Country

Since the1970s, with the rise of the concept of “restorative justice”, a new wayof dispute resolution, such as the criminal reconciliation, gets rapid spread andwidely used in the world scope. From the point of the judicial practice in somecountries, the criminal reconciliation is the most widely applicable scope as aspecific operation mode in the concept of “restorative justice”.In china, as the concept of “building a harmonious socialist society” and thecriminal policy of “tempering justice with mercy” put forward, and the objectiveneed of judicial practice,“reconciliation”, with a distinct idea of “harmoniousness”and the system of the concept of “harmony”, attracts much attention by criminaltheoretical workers and judicial practice department. At present, both theoreticalresearch of the criminal reconciliation and practical exploration, presents ascendanttrend. Scholars in succession do research on the criminal reconciliation from theperspective of concept, system and empirical aspects. Judicial practice departmentalso has carried on the unremitting exploration on the criminal reconciliation, madethe beneficial attempt, and obtain good results.However, we should also recognize that the criminal reconciliation system isstill in the process of exploration. Although legislators through the modification ofthe Code of Criminal Procedure, then affirmed the value and function of the criminalreconciliation, in general yet to form a unified and complete system. Therefore, it islack of integrity and systemic. In practice, because of competition of multipleinterests makes it possible that reconciliation exists alienation. Abuse of power,judicial corruption,“spend money on punishment”,“wild speculations” problems arethe result of the alienation. The existence of these problems results in that the casesof criminal reconciliation is not accepted by the parties or social general public andhinders the healthy development of criminal reconciliation. It needs us to analyzethese problems, to explore these problems, and discover their underlying cause.From the static analysis, criminal reconciliation is a legal system; from the dynamic analysis, it is a kind of judicial activities. However, both legal system andjudicial activities, the implementation of its objective and effect is inseparable fromthe parties and social general public. Under the big background of building thesocialism harmonious society, the premise and foundation of harmonious is thatcriminal reconciliation is accepted by the case litigant and social general public. Inthe process of reconciliation, judicial staff shall insist on a basic understanding ofjustice and the measure of whether public interest is impaired or not by the partiesand social general public, to the maximum extent make reconciliation accredited andacceptable by the parties and the social general public. It will make the objective ofthe criminal reconciliation system realized better and to the greatest extent.We need to get into and ask all the problems is that how to guarantee theimpartiality of the criminal reconciliation? How to make the case of criminalreconciliation more acceptable? How to improve the new type of dispute resolutionmechanism of criminal reconciliation? It is important to note that the criminalreconciliation is a complicated subject. The research on it, shall not only be takeninto account from the procedural significance, but also should be conducted with theperspective of entity. Also shall not only considers its legal effect, but also considersits social effect, to strive for the unity of substantive justice and procedural justice ofcriminal reconciliation and the unity of legal effect and social effect.This paper attempts to analyze the problems of criminal reconciliation inpractice from the perspective of acceptability and the status quo of the legislation ofcriminal reconciliation in china, in order to find out the deep reason of criminalreconciliation that has not been widely accepted. Then it put forward suggestionsthat make the criminal reconciliation more acceptable from the aspects of concept,system and operation in order to provide a new idea for the criminal reconciliationthat can be better applied in practice.