Research In Criminal Reconciliation System

With the development of social economy, the degree of civilization also increases gradually, while the values of society has undergone tremendous and profound changes,and the protection of human rights awareness gradually increases. In recent years, Chinese society is in transition period, all sorts of contradictions and unceasingly highlighting kinds of new crimes increase year by year in our country, so the judicial organ are in the face of the increasing pressure of work, and many complicated cases can’t get timely solved. How to use the limited social justice resources under the condition of the guarantee fairness and justice as far as possible improve the working efficiency is a important problem the judicial organs face. With local grassroots judicial organs continuously explore and practice, on the basis of summing up experience, finally the applicable criminal reconciliation system is established on our country. Formulation and implementation of criminal reconciliation system embody punishing crime and protecting human rights. Changes in the new criminal procedural law in 2012, the criminal reconciliation system is established, as a special program became a distinctive judicial system in our country. This is not only a big improvement of criminal procedure law in our country, and it is strictly in accordance with the law in our country to carry out the criminal policy of combining and further promoting restorative justice. The judicial system content focuses on the article 279,277,278. Criminal reconciliation system balancing the interests of both sides in the conflict improves the working efficiency, and it is to protect the interests of the victim as the core, both the offender and the social public interests, so it has a significant and positive influence in the development of China’s current judicial field.Criminal reconciliation process reduces the offender for judicial investigation of conflict and confrontation, and reduces the victim’s hatred of the offenders psychological and the difficulty of the settlement, saved the time to find out the case and cost saving.The birth of each new legal system will be faced with all sorts of problems and setbacks, and criminal reconciliation system is no exception. Criminal reconciliation into laws is the significant progress of the judicial system, so in the affirmation of its social effect and legal effect at the same time,we also face up to its limits.Because of the criminal reconciliation system lately established in our country, it did not create specific system and legal system. Even if the new criminal procedure law of our country will officially determine the criminal reconciliation system in the law, however, many experts and scholars and the vast majority of people in the legal practice of the system did not cease. As new points for the provisions of the criminal reconciliation system is too general, lack of practical operability, it also applies for regional judicial with authority according to the regional characteristics and practical need to carry out innovative criminal reconciliation. The author adopt the methods of comparative analysis, concept analysis of the deficiency of the system own a small suggestion, looking forward to perfect the system to achieve after lawmakers pursued by the legal effect and social effect. With its unique function and value of the criminal reconciliation system, it is believed that through constantly focus on the research of criminal reconciliation system, it can be resolved quickly when problems appear.The system will improve in the implementation.The paper is divided into four parts:the first part is the overview of criminal reconciliation. The part mainly contains three aspects. First of all, the concept should be understood. The author puts forward his own understanding; secondly, the criminal system and other types of not to Sue system to distinguish, for the system guarantees the rationality of existence; Again, a comprehensive analysis of the value and significance of criminal reconciliation system in the judicial practice.The second part:the background and theoretical basis of criminal reconciliation system in our country. Insight into the criminal reconciliation system in our country to set up the background and theoretical basis, provide theoretical support and basis for the perfection of the system.The third part:the application of the criminal reconciliation system. It can clearly found that the system exists in the process of applying the deficiency through the criminal reconciliation system by law and applicable condition,analyzing shortcomings of rational solution was proposed for the next step to the stage.Part four:the perfection of criminal reconciliation system in our country. Given the rationalization suggestion for the improvement of the criminal reconciliation system targeted, it highlight the necessity to enlarge the range of the system of case and provide ideas for the next step the perfection of criminal legislation in China. In the end, it is provided the more reasonable suggestions to the judicial practice.