Study About The Application Of The Criminal Reconciliation In Criminal Prosecution

Abstract:Criminal Reconciliation is emerging of a new criminal trend on mid-twentieth century in Western countries, its western criminal legislation and judicial practice had a profound impact. Crime victims and perpetrators of reconciliation, also known as settlement, is the crime occurred. so that the criminals and victims of direct talks, negotiations to resolve criminal disputes. Today, criminal reconciliation as a new model of criminal justice at the international level has been generally recognized, and has become a trend. In recent years, our country will set up the criminal policy of temper justice with mercy, and construct a harmonious society, so lots of scholars pay more attention to the criminal reconciliation. At the same time, judicial organs, particularly the procuratorate, probes positively this system in the judicial progress. Author analyzes the criminal reconciliation used by judicial organs in practice, and learns the useful experience from home and abroad, then gets some proposal.The paper is divided into three parts, the first is the introduction, the second is the main body, the third part is the closing and references.The first chapter analyzes the theory of criminal reconciliation, definition and its value.The second chapter reviews the necessity and feasibility of this system in prosecution. Basing on the necessity of protecting the human rights, harmonious society in historical inevitability, and the practice in china, author analyzes the necessity. Besides, author analyzes the feasibility coming from the legal basis, policy, practice and foreign experience.The third chapter analyses the situation and difficulties of this system in criminal prosecution, then sums up the legal deficiencies, attitudinal barriers, systemic conflict, value collision, role embarrassment and so on.The fourth Chapter gives some useful advice to improve the criminal prosecution. Section1 gives some legal advice to promote the criminal reconciliation in prosecution. Section2 gives some advice to improve this system, basing on the basic principles, scope, procedure, restriction of powers.