Abstract

This book builds heavily on the substantive and procedural reality of criminal reconciliation with the method of deduction and empirical research.It proposes the implication and spirit of criminal reconciliation.Criminal reconciliation's original value is to replace “retribution” with “recovery”，and a harmonious society is its added value.Although there is an obvious difference between criminal reconciliation and the basic principles of criminal law，criminal reconciliation can be achieved in a specific field of criminal justice.

What we find is that criminal reconciliation system at all times and in all countries takes a different path toward the very same goal.It is human nature to seek profits and avoid disadvantages.Criminal reconciliation is the objective choice for the parties to a case.The theoretical basis of criminal reconciliation is enlightenment right of Contract Theory，Rawls's Theory of Justice and Habermas's Discourse Ethics.Consequently，the value of criminal reconciliation contains freedom and equality，fraternity and humanity，justice and efficiency as well as tolerance and forgiveness.The spirit of contract is the inherent character of criminal reconciliation.Private property is the economic security of criminal reconciliation.Advanced market economy and civil society contribute greatly to the demisability of state power and expansion of civil rights.If separation of power becomes inevitable，real source and legal safeguard will be provided to criminal reconciliation.

Criminal reconciliation is a method of solving crime has occurred andpart of discretionary circumstances of sentencing.State justice is the main way to cope with crime，while negotiated and recovery justice is just a kind of auxiliary means.Actually，those three modes could coexist and the legislation should expand applicable objects.The analysis of judicial interpretations of criminal reconciliation made by the Supreme Court and the Supreme Procuratorate and its applicable situation shed much light on solution method.By comparing sentencing criterion and sentencing proposal system from the perspective of Leniency for Pleading Guilty and Accepting Punishment，the research on criminal reconciliation will be deepened and broadened.

People oriented，which can maximizing the exercise of human's origin right，is the purport of all system renewal and reform.The outcome of criminal reconciliation changes the litigant's status radically，so defendant and victim will solve the crime problem together with state initiatively.

Keywords： Criminal Reconciliation，Substantive Reality，Procedural Reality，Restorative Justice，Authoritative Interpretation