A socialist harmonious society should be the democratic rule of law, equity, justice, sincerity, amity, vitality, stability and order, harmony between man and nature of the society. Building a harmonious socialist society is to properly resolve social disputes, resolve social contradictions, stable social order. The crime is a serious damage to social harmony. Our party has put forward in building a socialist harmonious society under the background of the times, as a way to solve criminal cases of innovative mechanisms, criminal reconciliation emerged in judicial practice, and gradually by the people's attention. Reconciliation through the criminal process, to mobilize all sectors of society, social organizations and community enthusiasm to participate in resolving the various conflicts arising from crime and problems, to maximize the restoration of criminal damage social harmony. Our country not only has the number of criminal reconciliation favorable conditions, such as re-Hop culture and traditions, but also of great practical significance and far-reaching of building people-centered harmonious society will have a positive role in promoting.
Criminal reconciliation focus of state power and individual rights, the balance of rights and interests of victims and perpetrators of the balance, is people-oriented, the concept of a harmonious and orderly in the area of criminal justice. China should be based on traditional Chinese mediation, the full draw on the useful experience of foreign countries, and actively explore the establishment of the system of criminal reconciliation and improved. In this paper, the theory and practice of building a harmonious society against the backdrop of the criminal settlement system advantages, the necessity and feasibility of, and based on traditional culture and the rule of local resources, and ultimately proposed to build in our criminal system, the specific idea of reconciliation .
In addition to the introduction and conclusion of this article is divided into the following five external components:
Part I: an overview of the criminal settlement system. This section from the origin of the criminal settlement system, the analysis of several definitions, made their views, consider the criminal reconciliation in criminal cases means that the suspect, the defendant and victims or their legal representatives both in the mediator's help, led to suspects sincere repentance, on the criminal acts of damages to reach a voluntary settlement agreement and the actual discharge, the accused or their legal representatives of criminal suspects and defendants to be understanding, the judiciary accordingly suspect, the defendant's criminal responsibility to give lenient treatment of the legal system. And from the main, content, legal aspects are serious analysis of its characteristics.
Part II: Criminal reconciliation system advantage. This section from the practice of Western countries, as well as pilot projects in some provinces in China to explore, criminal reconciliation system has a good effect of psychological treatment; be able to help clients enhance the satisfaction of justice; help reduce crime further, improve the effectiveness of crime prevention; improve the victims The odds were to ease its financial burden. Conserve judicial resources, enhance the efficiency of the judiciary and other advantages.
Part III: China's introduction of the criminal settlement system of the necessity and feasibility. This section from the society in favor of resolving conflicts, promoting social harmony and stability; conform to the trend of judicial reform, penal reform is an inevitable direction; in line with the requirements of building a harmonious society; social life that exist in the needs and realities of reconciliation, as well as its cultural, legal, practice, and social infrastructure in terms of reconciliation in our country to introduce criminal system the necessity and feasibility of a comprehensive exposition.
Part IV: China to introduce criminal reconciliation needs to be addressed ideas on resolving the problem. Some scholars in this part of the criminal settlement with the country-based values, with the basic principles of China's Criminal Law Criminal Procedure Law, and many others have questioned the legitimacy of detail and put forward ideas to resolve.
Part V: Criminal reconciliation system in China to build the idea. This section from the application of the principles applicable to the conditions, scope of application, the application stage, as well as attention to several issues raised in our country to build a criminal reconciliation system specific ideas.
Papers Key words: criminal reconciliation; advantage; question; Construction envisaged
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