The Discussion of Criminal Reconciliation System
ABSTRACT
Criminal reconciliation is a mechanism that the victim and the injure person are voluntary to confer and consult with the criminal dispute directly.Having advantages as independent selectivity, relaxing the contrary of persons concerned, and winning more, it has a similar distinction between to the plea bargaining in criminal settlement with the United States, the traditional mediation, the case of private relief.The victim-offender-reconciliation system legislative defect and the actual needs of rigid contradiction decides to construct criminal reconciliation.Wth the Restore justice heory, the return to the dominant positions of the victim and the injure person, the principle of a Legally Prescribed Punishment for a specified Crime, the transform from absolute principle to relative principle in the criminal act to be in step with each other, it supplies logical proofs to criminal reconciliation;China's Harmonious Culture, the policy of combining leniency with rigidity, building a socialist harmonious society, the interests of the multi-fit ,provide the realistic soil for its existence.The victim-offender-reconciliation system construction requirements applicable to the scope of cases, requirements, procedures and the effectiveness of the settlement agreement, meanwhile, corresponding measures should be established to expand the prosecutor's discretion, mprove criminal enforcement measures,reform the institution of criminal in connection with civil code, build a institution of reprieve no legal prosecution and a system of nation assist for the victim, establish an effective monitoring mechanism and other supporting measures.
Key words: Criminal reconciliation; Logical proofs; Tempering justice with mercy;Institution construction
