Criminal Reconciliation System Of The Procuratorial Organs

Western modern criminal reconciliation system is the restorative justice mode rising with the victim protection movement. Because of its unique advantage in repairing the social relations and resolving social contradictions,it agreed to the practical needs to constructing a socialist harmonious society,thus it could be implemented in judicial practice in China in the early 21st century. China's procuratorial organs are the main executive authority. This paper is based on the study of the criminal reconciliation system of China's procuratorial organs.Through the analysis,we find out the existing problems of criminal reconciliation in practice and the reasons. And from the perspective of restorative justice, we put forward the improvement ideas of procuratorial organs criminal reconciliation system.This paper is divided into three parts:A) criminal reconciliation system overview.In this part,we mainly introduce the criminal reconciliation system rised in western countries of the background and process,and the theoretical basis of this system,pointing out that the restorative justice theory provides criminal reconciliation system the most basic theoretical support.Meanwhile,through the analysis,we point out the reasons of the criminal reconciliation system introducted and hotspoting in China,that because of the system was fit to the realistic needs to construct a socialist harmonious society,to criminal victim rights protection and to return the society of the offenders.Then we express about the three main views on the concept of criminal reconciliation in our country.B) the investigation of criminal reconciliation system of Chinas procuratorial organs.In this part,we at fitst introduce the characteristics of the criminal reconciliation system of procuratorial organs.Then we analyze and emphatically point out the problem of obviously low rates in the procuratorial organs practice of criminal reconciliation. Thus we analyze the main four restrictive factors of procuratorial organs practice of criminal reconciliation system.C) the improvement ideas concerning the procuratorial organs practice of criminal reconciliation system.In this part,we first introduce western country's criminal reconciliation practice mode under the principle of restorative justice.Then we analyze and compare the features and quality of the four practice models of China's procuratorial organs criminal reconciliation.Finally we concentratedly put forward the improvement ideas concerning the procuratorial organs practice of criminal reconciliation system:the first is installing special criminal reconciliation mediator; the second is gradually expanding the range of criminal reconciliation participants;the third is to establish the related supporting system,such as criminal victims compensation system, deferred prosecution,etc.;the fourth is to perfect the unimprisionment measures,such as community correctional system,labor compensation command, community service and discipline order,etc.