Criminal reconciliation in China: consequentialism in history, legislation, and practice

Abstract

Criminal reconciliation has become a watchword in the Chinese criminal justice system since the beginning of the twenty-first century. Similar devices were marginalized during the 1980s and 1990s when a strong effort towards formalization and adjudication overwhelmed the criminal justice field. In the last 10 years there has been a shift away from these practices in favour of less formal, more flexible mechanisms in criminal law and in practice. Underlying this shift is a type of consequentialist rationale that emphasizes the overall outcome rather than the legality of the proceedings. This rationale is deeply rooted in the authoritarian state’s reaction to the rampant social instabilities which challenge both its legitimacy and its control over society. Criminal reconciliation is an epitome of the relay race of consequentialism, in which criminal justice authorities are pressurized to act pragmatically, even to the extent of risking their own legitimacy.