The Analysis Of The Perspective Of Legitimacy Of Criminal Reconciliation Applicable Range

In the modern sense of "criminal reconciliation" as a new, gentle criminal conflict coping mode, the earliest originated in North America, and has been widely spread in the western developed countries and the practice. Compared with the traditional pattern of criminal justice, criminal reconciliation to better balance the interests between the victim and offender, and properly resolve the conflicts between the two sides, repair the damaged by criminal social relations, thus obtained the general recognition of the international community and been adopted by more and more countries.Around the theoretical circle in our country has already begun to focus on the system, the judicial organs have also actively explore, but because before there is no specific provision in the criminal legislation of the system, the applicable scope of the theory of criminal reconciliation is controversial, so the criminal reconciliation in the concrete application of exist many errors. This year on March14,2012by the criminal procedure law amendment of public prosecution has made specific provision, the applicable scope of the criminal reconciliation prior to a certain extent, ease the controversy in theory and practice, but the definition of scope of the criminal reconciliation is still unreasonable. Therefore, in order to better play to the positive role of criminal reconciliation, to avoid the misused, abused, must further discusses the application of the criminal reconciliation standard, reasonable definition can be applied to the cases of criminal reconciliation.Is under the above background and purpose, the author has carried on the writing of this article, the full text is divided into four parts:the first chapter mainly introduces the theoretical basis for criminal reconciliation legitimacy, and concentrated comb several mainstream view of the current academic debate, and the author puts forward his support point of view; The second chapter mainly introduces the scope of the criminal reconciliation in our country legislation present situation, mainly introduced the public prosecution in our country on the points before, in the judicial practice in our country about the scope of criminal reconciliation after the relevant legal provisions and the provisions of the relevant legislation on the simple introduction of; The third chapter mainly discusses the analysis of the disadvantages of criminal reconciliation scope, through the concrete analysis, further points out that the criminal reconciliation scope of application logic and deficiencies; The last chapter mainly discusses the perspective of legitimacy to perfect the criminal reconciliation applicable scope, mainly from the applicable scope of the criminal reconciliation entity and procedure in criminal reconciliation and the relevant applicable content to discuss the perfection of its applicable scope.