In a criminal procedure,if the offender and the victim negotiate to solve the criminal case in the way of confession,compensation and apology,the specialized agency terminate the criminal responsibility investigation ...In a criminal procedure,if the offender and the victim negotiate to solve the criminal case in the way of confession,compensation and apology,the specialized agency terminate the criminal responsibility investigation of the offender or give lighter punishment to the offender.This form of case treatment method is defined as criminal reconciliation.[1](P191)The system dated from 70s of last century when a reconciliation experiment of‘Victim-Offender’appeared in Ontario,Canada.After that,the method was introduced to America and some European countries.The practice of the method in western countries attached the attention of Chinese law society,and some regions has made legal attempts.However the author hold the view that the criminal reconciliation lacks enough rationality and feasibility,so that it shocks the basic principle of the existing criminal law,corrodes the social psychological basis of the law,and aggravates the judicial corruption.The method has theoretic defects,and it should not be promoted in current judicial practice.展开更多
With the adoption of the governance policy of a harmonious society and with the further strengthening of the criminal policy of mitigating severity with leniency, China＇s criminal reconciliation system is undergoing ...With the adoption of the governance policy of a harmonious society and with the further strengthening of the criminal policy of mitigating severity with leniency, China＇s criminal reconciliation system is undergoing rapid development. In the 2012 Criminal Procedure Law of the People＇s Republic of China, criminal reconciliation is stipulated in a separate chapter under ＂Special Procedures,＂ thereby comprehensively establishing for the first time a criminal reconciliation system with Chinese characteristics in the Criminal Procedure Law. However, China＇s legislation on criminal reconciliation remains relatively broad-brush and controversial. Improved regulation and system construction now point the way for future development.展开更多
文摘In a criminal procedure,if the offender and the victim negotiate to solve the criminal case in the way of confession,compensation and apology,the specialized agency terminate the criminal responsibility investigation of the offender or give lighter punishment to the offender.This form of case treatment method is defined as criminal reconciliation.[1](P191)The system dated from 70s of last century when a reconciliation experiment of‘Victim-Offender’appeared in Ontario,Canada.After that,the method was introduced to America and some European countries.The practice of the method in western countries attached the attention of Chinese law society,and some regions has made legal attempts.However the author hold the view that the criminal reconciliation lacks enough rationality and feasibility,so that it shocks the basic principle of the existing criminal law,corrodes the social psychological basis of the law,and aggravates the judicial corruption.The method has theoretic defects,and it should not be promoted in current judicial practice.
文摘With the adoption of the governance policy of a harmonious society and with the further strengthening of the criminal policy of mitigating severity with leniency, China＇s criminal reconciliation system is undergoing rapid development. In the 2012 Criminal Procedure Law of the People＇s Republic of China, criminal reconciliation is stipulated in a separate chapter under ＂Special Procedures,＂ thereby comprehensively establishing for the first time a criminal reconciliation system with Chinese characteristics in the Criminal Procedure Law. However, China＇s legislation on criminal reconciliation remains relatively broad-brush and controversial. Improved regulation and system construction now point the way for future development.
