On The Scope Of Criminal Reconciliation System

"Criminal reconciliation" means that when the implementation of the harm to thevictim offender behavior meaning of the "Criminal Law" and hosted by the judiciaryand other intermediaries reconciliation, both on a voluntary basis, focusing on howto make up for the loss of victims consultations conversation, the perpetrators ofcivil section make an apology, compensation for losses, the state judiciaryperpetrators made lighter, reducing, eliminating, or even the decision not toprosecute the judicial system. Reconciliation comes from a profound impact on ourcriminal tradition and culture and the reality of the urgent need. The system is firstgenerated by the local judicial practice began applicable, accumulated someexperience before rising to the height of the Criminal Procedure Code to regulate thelegal unity. But for the scope of the regime, has been controversial since there aremany. Some scholars believe that should be strictly controlled, but some scholarsbelieve it should continue to broaden its scope of application. Criminal settlementsystem should be how to define the scope and improve the urgent need to study. Bycombing the scope of the status quo system, analyze its drawbacks, the scope ofapplication of the system put forward a sound proposal on this basis. This can notonly enrich the academic research material in this area, but also to regulate thecriminal reconciliation provide some help apply. Therefore, this article has someacademic value and practical significance.This article is divided into three chapters. The first chapter is an overview of thetheory of the criminal settlement. First, the concept of "reconciliation","criminalreconciliation" and were defined. The so-called "reconciliation" refers to the processof the parties on how to resolve conflicts with each other disputes and voluntaryconsensus. When the word "reconciliation" for criminal law, it creates a "criminalreconciliation." Criminal Reconciliation produce profound theoretical and practicalbackground. Restorative justice theory is the core of the criminal settlement system,the theoretical background of equilibrium theory and narrative theory is generated bythe system. After World War II the international community’s growing awareness ofhuman rights protection, the rights and interests of victims in criminal proceedings is increasingly concerned about the practical background generated by the system.Although the theory and practice of the criminal settlement resulting time is not long,but it has a positive effect, mainly for the benefit of repairing damaged socialrelationships; help compensate for damage to the interests of victims; judicialeconomy; contribute to the rehabilitation of the defendant and so on.The second chapter analyzes the status of the scope of application of the criminalsettlement. The first is the empirical study of the system in the scope of our country,some provinces and cities nationwide on the system developed by carding inductionand statistics. Second, the scope of application of the status quo Comment. Atpresent, the scope of application of the system in our country mainly dominatedmisdemeanor, felony supplemented; mainly to private interests, taking into accountthe benefits of public-private hybrid method; the specific circumstances applicablesettlement received limited recognition of the crime; to achieve basic servicecontract rate v effect. Finally, analysis of the current scope of the criminal settlementsystem drawbacks: mainly for the understanding of different civil disputes; felonycases difficult to obtain effective compensation for victims; mixing of public andprivate interests infringement cases difficult to obtain effective compensation ofvictims; special group of cases without distinction not in line with the concept ofpractical experience and humane care; narrow scope of many of the victims deniedthe opportunity to seek relief; easy to induce "criminal compounding" and so on.Proposed to improve the scope of criminal reconciliation system somesuggestions chap. On the basis of the useful experience from abroad on the scope ofthe criminal settlement, made with the object of crime and criminal behavior harmfulto society as the definition of the scope of the criminal settlement standards, andfinally try to make recommendations to improve the scope of the criminal settlement:Delete "caused by civil disputes "intentional felony cases should be included in theconditions attached, which contains the inner body and special cases of privateprosecution should be included; mixing of public and private interests should beincluded in the case, complete prohibition applicable scope of the case.