Understanding And Application About The Criminal Reconciliation System In China

In recent years, with the impact of globalization of economy and law, especially under the guidance of the concept of scientific development theory, the criminal reconciliation system has gradually gone into the view of legal theory workers and the judicial practice department in China. On March 14,2012,<The Decision on Modifying the Criminal Procedure Law of the People’s Republic of China>was went through by the fifth session of the 11th National People’s Congress, and the new <Criminal Procedure Law> went into operation on January 1st,2013, which put the settlement proceedings in the case of public prosecution into a separate chapter, and let people know of the criminal reconciliation system.The criminal reconciliation was usually referred to as a lawsuit activity, which is during the criminal procedure, on the premise of both parties’own accord, under the assistance of the accommodator or other organizations, who make the victim and the injurer sit down to communicate to make a settlement, using the ways of pleading guilty, making compensation, making apologies to let the victim and the injurer forgive each other, and then they will agree to sign the civil compensation settlement agreement, after which the judicial organizations will make the disposal of criminal responsibility conducive to the offender, which means they will reduce or cancel the offender’s criminal responsibility. The criminal reconciliation includes two procedures, the economic compensation for reconciliation and disposal of criminal responsibility, which will recover the damaged social relations in the end. The criminal reconciliation system has been a bold attempt at reform in the field of the criminal justice during the past 30 years in the West, it has changed the criminal justice theory in the the tradition, which emphasizes the penalty power is exercised by state to punish the criminals, to the theory that advocates the attention to the rights of the victims and the injurers, the criminal reconciliation system has brought a brand new idea into the theoretical study and practical exploration of the criminal justice.As a criminal justice system, the idea of reconciliation has a very long history in our country. Since ancient times, the traditional legal culture has always promoted the spirit of "morality given priority over penalty" and "morality given priority over penalty", people look forward to a harmonious and happy society for all the time, which puts ethics laws at first place, uses the power of morality to maintain the harmony, instead of the litigation way to settle conflicts. The society of our country has always been a human society, the role of ethics in dealing with social relations cannot be regarded as something not important, therefore, during the criminal justice procedure, as a product of the combination of law and morality, the arise and development of the criminal reconciliation system has saved the justice cost greatly, it resolves social contradictions from the perspective of emotion and reason, which avoids the shortcomings of public power in solving criminal disputes. In the need of building a harmonious socialist society, it is very necessary and feasible to establish a complete system of criminal reconciliation.As a judicial system, one should base on the basic principles, the criminal reconciliation system also has no exception. As to the general principles of criminal law, the criminal reconciliation system seems to be in the contrary, however, it doesn’t deviate from these basic principles. The criminal reconciliation system in our country has been developing and improving towards a increasingly complete fulfilling direction, just like every coin has two sides, there is no such a system that is totally perfect, the shortcomings cannot be avoided, as to he criminal reconciliation system, although the educational circles name it as the innovation of the judicial system reform, it still has some disadvantages that have not been overcome, which need a immediate improvement.As the society is improving, the rule of law concept is changing at the same time. The criminal reconciliation system has rich connotation and unique value pursuit, it is based on protecting the interests of the victim and compensating the victim’s losts, meanwhile, providing opportunities for the offender to turn over a new leaf, and making lenient treatment to his criminal responsibility, which can make him go back to the society successfully. It is because we’ve established such a people oriented and harmonious judicial system, that the judicial reform in our country can comply with the requirements of the times, and make people confident in socialist legal construction in our country.