The Procuratorial Organs Trial The Criminal Reconciliation System Of Legitimacy And Practice Research

The criminal reconciliation is a new criminal trend in western countries, compensates shortcoming of traditional judicial on victim rights protection, inflicter reform after criminal and low litigation efficiency, it is considered a new theory choice for controlling social conflict and relief the rights of criminal victims under the guidance of criminal lawsuit value diversification theory. The criminal reconciliation is a new kind of criminal justice system, which is different from settling privately at countryside, the plea-bargaining at western countries and restorative justice idea that we always so-called. It emphasizes the protection of victim benefits, paying attention to balance on state power and personal rights, the benefits of victim and criminal, which reflect the rights protection to interested parties in the judicatory process.It is dispute on the legitimacy of the system of criminal reconciliation that the arguments in favor thinks it embodies fairness and efficiency of legal values with the themes of the times of constructing the harmonious society, and justice and equity, the arguments against thinks it indulges crime and destroys the seriousness of the law and the unified implementation, which is only for the rich tailor-made policies in fact. I think the core value of the criminal reconciliation is not the so-called justice and the judicial efficiency but the social relations with repair and rebuilding. Meantime, it has legitimacy and essential difference with"random torture"by money. It should be supported because the criminal reconciliation theory is accord with criminal policy of combining punishment with leniency and follows the historical trend. Also, the procuratorial organs suitable criminal reconciliation system is a justification, procuratorial organs exercise of public prosecution and criminal reconciliation in value orientation, prevention effect is interlinked, during operation is closely related, public prosecution is an important carrier of criminal reconciliation.The criminal reconciliation is one of important way to solve criminal case in criminal litigation system in many countries and areas such as America, Canada, and Western Europe etc. However, it's not yet exist strictly criminal reconciliation system in judicature fields of China but the trial stage in practice. Because the criminal reconciliation enters into more humanistic care under the premise of maintenance statutory authority, reflects judicial progress from"harm justice"to "harmless justice", and meets traditional culture of china and the idea of building a harmonious society, therefore, more and more procuratorial organs pay attention to and application the criminal reconciliation. The author will analysis general situation of solving criminal case by criminal reconciliation, characteristic, effective and problem, and give some suggestions from procuratorial practice angle that is transforming idea of law enforcement, clarifying the scope of criminal reconciliation further, formulating relative determine the standard of economical compensation, giving compulsory execution power to criminal reconciliation under certain conditions, reinforcing supervision, and increasing the transparency of the conciliatory case, perfecting the system construction of return visit at later period, strengthening combination and coordination with relevant organizations.