The Study Of The Legal Validity Of Criminal Reconciliation

In recent years, the criminal reconciliation has emerged as a new-typesettlement of criminal dispute to benefit the victim and offender. In addition, it canalso greatly reduce the judicial cost and thus has been widely adopted by manycountries in the world. During the course of exploring the prerequisite and procedureof criminal reconciliation with legal validity, many western countries have provideda lot of valuable design and operation modes in terms of theory and practice.In China, the criminal reconciliation has also captured wide attention fromscholars. Many workers in the governmental agency are engaged in exploring thecriminal reconciliation. The system of criminal reconciliation is officially establishedin the Criminal Procedure Law (Amendment2013). Hence, the research of legalvalidity regarding the criminal reconciliation has become an important research topicof theoretical and practical significance.Focusing on the system of criminal reconciliation, this paper has made aprogressive study of the legal validity and execution of criminal reconciliation infour parts. The first part is devoted to elaborating on the research background fromthe perspective of the basis and meaning of research topic as well as the currentsituation of relevant research in China. At a deeper level, the second part hasanalyzed the essence of criminal reconciliation from the angle of essence definitionand function element. The third part has introduced some problems existing in theexecution of legal validity of China’s criminal reconciliation. In terms of theory andpractice, this paper will explain the current situation of the legal validity of criminalreconciliation in China. In the case study, this part will make an in-depth study of thereal case. After briefly introducing the legal validity of criminal reconciliation inforeign countries, this part has also conducted a comparison with China and drawnon the valuable experience from foreign countries. The fourth part will reflect onhow to improve the legal validity of criminal reconciliation in China as well as makean in-depth discussion in the fields of procedure operation and long-term effect. Besides analyzing the legal validity of China’s criminal reconciliation, thispaper has also extended the feasibility. It is hoped that this paper will offer aneffective and complete theoretical framework of criminal reconciliation so as tocontribute the socialist construction of democracy and legal system.