On The Improvement Of China's Criminal Reconciliation System

Criminal reconciliation is a litigation activity that the judicial office,according to the details of the case,make a decision to dismiss the punishment,give a less punishment or mitigate the punishment,when,under voluntary situation,the offender admit his/her guilty and the victim forgives the offender after the offender took some measures,such as apology and compensation,and they get an agreement.Criminal reconciliation system is the summation of the legal norm about criminal reconciliation.criminal recwonciliation is the core of criminal reconciliation system,respectively with distinct differences.The criminal reconciliation system has developed to be a worldwide criminal activity.It is designed to strengthen the protection of the victims’ rights,to help the offender to return into the society and to achieve the efficiency value.Traditional criminal reconciliation is divided into four models:community model,diversion model,alternative model,juridical model.This kind of division cannot conform to the trend of modern criminal reconciliation system development.Here,under the value orientation and in the view of reconciliation leader,I offer a new division proposal to divide the system into judiciary-neutral model,judiciary-initiative model,social third party model.The model of PRC criminal reconciliation system is judiciary-neutral model.The regulations in current criminal reconciliation system are rough and there are many problems.The scope of application is too narrow:the capital felony and some of misdemeanors involving public legal benefits are excluded,which narrowing the scope of the system’s application.The measures in practice is simple:giving priority to materiality compensation and usually asking for one-off payments;the usual spiritual comfort is apology which cannot satisfy various victims with different background,and for victims with different degree of Psychological trauma,only the oral apology cannot help the victims rebuild mental health.The regulations about criminal reconciliation moderator are rough.Current regulations just regulate the scope of the moderators,and have not mentioned how to elect a moderator and the duty of moderators.The criminal reconciliation agreement can effect whether to give criminal sanction and measurements of penalty.Thus the criminal reconciliation system is extremely important.Only a complete supervision system can avoid the criminal reconciliation system dissimilate into plea bargaining,reducing penalty by money.Only a complete supervision system can avoid judicial officers’ corruption and bribe,avoid abusing government power to seek personal gain.However,the rough regulations of our criminal reconciliation system result in the fault in supervision system.To solve the problems of our criminal reconciliation system,we should design the context according to modern judicial theory and abolish the defect of traditional judicial theory to achieve the balance of the benefits of offenders,victims and the country;We should appropriately expand the scope of application,some of the capital felonies and some of misdemeanors involving public legal benefits should be included into application;We should establish diversify ways for reconciliation,explore the feasibility of labour compensation,restitution,transfer of property income,substitute of raising and other measures,we should allow installment of high monetary compensation,pay attention to the healing of victims’ psychological trauma;We should clear and definite the duty of judicial office or the third party moderators,and provide legal training and mediation skill training for the third party moderators;We should perfect the supervision system of criminal reconciliation systems,including the supervision of victims,offenders and the judicial officers who participate in the reconciliation.The supervision of victims and offenders can be achieved by reviewing the reconciliation agreement,the supervision of judicial officers can be achieved by procuratorial organs’ supervision function.