The criminal reconciliation issues research
|Keywords||Criminal Reconciliation Victim Offender|
Criminal reconciliation after the crime occurred, the offender and victim reconciliation in the reconciliation process, the mediator prompted Offenders and Victims in direct consultations and negotiations to resolve the criminal conflict, its aim is to restore the damaged social relations, so offender rehabilitation and social reintegration. China's traditional concepts of criminal law in the country-based, emphasizing national interests do not pay attention to the legitimate rights and interests of the individual. In recent years, with the harmonious interaction between countries, the criminal law of humanity, human rights, the enhancement of human nature as well as the Criminal Code Modesty is increasingly recognized, China learn from Western judicial experience, attention to the legitimate rights and interests of the defendant, to the rehabilitation of offenders , to make it a better return to society, in order to obtain a good social effect, and promote the building of a harmonious society; Contrary to their expectations, while the protection of the rights and interests of crime, and the rights of the victims do not get proper protection, social contradictions increasing intensification of criminal cases is increasing year by year, and no longer harmonious society. In this context, this paper through the concept of criminal reconciliation characteristics and elaboration of the theoretical basis, combined with foreign criminal investigation and criminal reconciliation system reconciliation of significance in China, and then analyzes the value, the necessity and feasibility of the criminal reconciliation, and finally put forward the idea of ??establishing a harmonious society in China under the Criminal Reconciliation System, so as to promote the transition of China's political criminal law criminal law to the public. This paper has the following parts: Part I: criminal reconciliation Overview and related areas. The criminal reconciliation definition, characteristics, origin, social background, and related areas. Part II: the theoretical basis of the criminal reconciliation with foreign criminal reconciliation system model investigated. The section introduces the the criminal reconciliation existing theoretical basis that the pattern and practice of restorative justice theory, equilibrium theory, narrative theory, as well as foreign criminal reconciliation content. The third part: the the criminal reconciliation of value analysis. Mainly from the value of the pursuit of justice, people's sovereignty, humanism, and effectiveness to interpret criminal reconciliation, also dialectical analysis the Criminal Reconciliation negative value and how to deal with the negative value of the real existence of the criminal reconciliation. Part IV: Construction of Criminal Reconciliation System. Criminal Reconciliation System necessity and feasibility of our building as a starting point by analyzing real relief, perpetrator of the rights of the victims of the resocialization necessary conditions and our established ideological and cultural foundation, the legal basis of the subjective and objective conditions, The author recommends that China should introduce criminal reconciliation system, and this system constructed a series of questions to present their views and insights.