Chinese Criminal Reconciliation System Construction

Victim-Offender Reconciliation——structured encounters centered around a face-to-face meeting between crime victim and offender——is a criminal cases processing mode, which exists in the criminal justice process and is under the judiciary supervision or assistance. Criminal settlement has fair value, efficiency value, in line with the value of Modesty criminal law. Under the background of building a harmonious society, improving and perfecting the socialism legal system, Victim-Offender Reconciliation has important implications. After years of research and practice, finally China established the criminal reconciliation system in2012in the new revised criminal procedure law. It is a phased victory for the construction of Chinese criminal reconciliation system model.In order to perfect the theoretical system and refine the program, two important questions still should be considered. The first is the legitimacy of the construction of Chinese criminal reconciliation system model. Through some historical examination and fundamental theory research, this point will be proved. Criminal settlement originated in Western countries. The rise of the criminal victim’s study and the thought of offender social reintegration pushed the rise of the Criminal settlement. Now many western countries has established Criminal reconciliation systems or some similar systems. Three theoretical frameworks——restorative justice, equity theory, narrative theory——provided the main theoretical support to the construction of criminal reconciliation system in the western countries From different angles. In addition, what is more important is that essentially Criminal settlement agrees with Chinese national culture and can adapt to the criminal policy of combining punishment with leniency. Criminal settlement follows the principle of legality and the principle of criminal responsibility well. So, the construction of Chinese criminal reconciliation system model has bases of legitimacy completely. Refining the judicial procedures needs to analyze many experiences and lessons home and abroad. Criminal settlement has been written to the statute law in some western countries. Different countries adopt different models to practice the criminal reconciliation. In the country, many provinces have practice the criminal reconciliation many years. There are many empirical investigation reports record a lot of useful data. Researching and analysis these reports and data is helpful to establish hinese criminal reconciliation system model.