On The Problems Existing In The Application Of The Criminal Reconciliation System In China

China's criminal reconciliation system began to be implemented in 2012.Under the theme of building a harmonious society,it takes safeguarding the rights and interests of victims as its standard,providing opportunities for the subjective malignant minor crimes to be reformed,thus maintaining social stability,realizing respect for and protection of human rights,and embodying the temper of leniency and severity of China's criminal policy.However,China's criminal reconciliation system is still in the initial stage of development.In the process of judicial practice,due to the lack of relevant provisions,the shortcomings of the system have become increasingly apparent.On the basis of previous studies,this paper first analyses the provisions of the criminal reconciliation system in the extraterritorial legal system,which provides a reference for improving the relevant provisions of the system in China.Based on this,it further analyses the problems of the criminal reconciliation system at the legislative level,such as the unclear stage and scope of application of reconciliation,the disputes over the scope of application in juvenile delinquency,the lack of supervision system,the lack of respect for the voluntary reconciliation of victims,the single mode of reconciliation,the uncertain validity of the reconciliation agreement,and the lack of provisions of the mediator in judicial practice.It also puts forward measures to expand the scope of application,the stage of application and the improvement of supervision system of criminal reconciliation system.as well as to further strengthen respect for the voluntariness of victim reconciliation,to determine the effectiveness of reconciliation agreement,to increase the way of criminal reconciliation.In order to help our country's criminal reconciliation system become more and more mature,specific operation is put forward.