an analysis of the legitimacy of the criminal reconciliation foundation and the criminal reconciliation system construction（分析刑事和解的合法性基础和刑事和解制度建设）.docVIP

An Analysis of the legitimacy of the criminal reconciliation foundation and the Criminal Reconciliation System Construction Abstracts of criminal reconciliation is in the course of criminal proceedings, in the judiciary (investigative organs, procuratorial and judicial presided over the mediation, on the basis of mutual equality and voluntary, so that the perpetrators and victims direct negotiation, communication and exchange understanding of the victim in the offender, the victim requests or consents to the judiciary on the offender a lighter, mitigate or exempted from criminal punishment, the judiciary is hurting a lighter, mitigate or exempted from criminal punishment, the final settlement of criminal disputes the system this paper from the foundation and legal basis of the theory of criminal reconciliation as a starting point to explore how to build a criminal reconciliation system with Chinese characteristics. Paper Keywords criminal reconciliation theoretical basis of the legal basis for , Judicial staff in the judicial practice how accurate application of criminal reconciliation, there are many questions, so, carry out the work of the Criminal Reconciliation To solve the basis of its legitimacy, and to clarify its scope, conditions and procedures applicable. A, criminal reconciliation legitimacy problems - theoretical basis and legal basis The theoretical basis of the criminal reconciliation multitude, some scholars believe that the theory of building a harmonious society in China constitutes a fundamental theoretical basis of the criminal reconciliation, some scholars in China’s thousands of years of traditional culture and history and culture as a criminal reconciliation theoretical origin, but I believe that, from the history of the rise and development of the criminal reconciliation process, the restorative justice model of restorative justice theory as the theoretical basis of the criminal reconciliation is more reasonable as the antithesi