| As a new type of resolution to solve criminal disputes, criminal reconciliation system has achieved good social effects in western countries. The new"Criminal Procedure Law"promulgated in2012regulates the criminal reconciliation system in China, which is recognized as an important innovation in terms of the method to solve the criminal dispute because it solves the problem that criminal reconciliation system could not rely on any other law system. However, in practice, there are still some problems in criminal reconciliation system, for example, the scope of application in some cases is unreasonable. The thesis begins from the concept and theoretical basis of criminal reconciliation system, and the purpose is to find out the method to improve the criminal reconciliation system through analyzing the causes and necessity of producing it, then truly making the scope of criminal reconciliation system scientific and reasonable.Besides introduction and conclusion, the thesis are divided into four parts:The first part is about the general situation of criminal reconciliation system, and mainly discusses the concept of this system, then puts forward the meaning of introducing criminal reconciliation system to China.The second part analyzes the causes of the case scope of criminal reconciliation system, and mainly finds out the ideological basis of criminal reconciliation system from illustrating the history of the development of criminal reconciliation system in China and its present situation, then analyzes the reasons why it is regulated like this.The third part is the standard analysis of the case scope of China’s criminal reconciliation system. Through the regulation of current criminal litigation law, this part analyzes two possible cases which can be resolved by applying criminal reconciliation in the author’s opinion, which clears theoretical obstacles while applying criminal reconciliation system to deal with such types of cases.The fourth part is about the suggestion for improving the case scope of criminal reconciliation system in China, and finally puts forward that China should adopt the unity of subjective and objective way to delimit the case scope of criminal reconciliation through analyzing the extraterritorial criminal reconciliation system and summarizing its experience. |
