Cost-benefit Analysis Of Criminal Reconciliation

Since the criminal reconciliation come into legislation,there are a number of phenomena unexpected in practice,as a system which academic world and practical circles have high hopes on,these phenomena lead to a new research upsurge.Analysis of normative jurisprudence is dogma and one-sided.It cannot content practical needs.The Criminal reconciliation is the sumup of mainland Chinese practical wisdom,for some illegal situations,besides legislation proposal and strengthen the supervision,this article attempts to deliberate the rationality of these phenomena in economics way.This article consists of four parts.The first part summarizes a number of phenomena of criminal reconciliation in practice.The second part elaborates why this article adopts law and economics to analyse.Because of defect of normative jurisprudence,social jurisprudence is necessary to take an empirical research and explanation to legal phenomenon in a new point.The third part hold a opinion through an analysis between criminal reconciliation and trial,criminal reconciliation and incidental civil action :in case of injuring party plead guilty in his own free will and minor criminal case,the criminal reconciliation should take a lower proof standard;analyse the criminal reconciliation having some advantages over incidental civil action: endue aggrieved party some right clear and definite to negotiate,save the cost of lawsuit,raise the rate of compensation implementation.The fourth part analyse these phenomenon of criminal reconciliation in practice,explain the spending money to mitigated penalty and aggrieved party charging too high in economics way,charging too high is aggrieved party making a judgmment on a better acquaintance actually;criminal reconciliation is necessary to bring crime of passion into range;cooperating with conditional non-prosecution,criminal reconciliation will worked better,conditional non-prosecution is able to save the cost of lawsuit and guarantee the deterrence of penalty,supervise the suspect;mover,compare and analyse the criminal reconciliation and national compensation system for criminal victims about similar functions.Through the analysis of law and economics,this paper hold that the criminal reconciliation has advantages over other related systems;some unjust phenomenon have existing basis,expanding its application scope and improving supporting systems would exploit the advantages of criminal reconciliation to the full.