The Mediation Of Criminal Case

Because of the development of the Socialist Market Economy, as well as the renewel of legal concept, people raise their concern and opprgnation towards some traditional criminal conceptions. We can also find some deficiencies and limitations of the traditional criminal judiciary, such as lack of the concern on the victim's interests, fail to fulfill the victim's psychological demands and the complicated judicial procedures etc. SO it is necessary to reform our country's criminal judiciary. One important way is to put emphasis on acceptability. As a new model of handling crimes, the intermediation of the public prosecution has the following judicial functions: diverse the cases, handle the conflict between the victim and the offender etc. The intermediation of the public prosecution stresses the necessity of the reform of "liberal-punishment-centered" system. It is necessary to make this kind of intermediation meet the demand of the change of crimes. However, according to our present Criminal Law, we have not related regulations about the intermediation or pacification in the public prosecution as those we have had in the private prosecution. In the judicial practice, we sometimes use intermediation to end some public prosecution in order to get the unification of the social effects and the legal effects. But this procedure creates illegal effects actually. So under the precondition of affirming this way, how to use this procedure in our judicial system is an issue which deserves us to research. We need to combine the idea of the criminal-intermediation- system of the West with the situation of our country. In this way, we could create the "intermediation of the public prosecution" system in our country. There are over 30 thousand words in this thesis, which consists of 5 parts: The first part introduces the criminal intermediation system, including of its conception and characteristic and the analysis of its theory basis. Through the comparison between the public-prosecution intermediation and the private- prosecution intermediation, we can find the meaning of criminal public-prosecution intermediation, and reveal the importance of this system.The second part introduces the origin and development of the criminal intermediation system and the situation of the related overseas criminal intermediation system. Since the intermediation system of the public-prosecution comes from the overseas criminal pacification system, it consists of following explications: the origin, the development and the theory basis of the overseas criminal pacification system, the difference between this system and the"Defence-Prosecution Bargaining"and the introduction of some specific ways of carrying out the criminal pacification system. The third part introduces the status quo of the public-prosecution intermediation. Firstly, through the cases and specific data, the problems of carrying out the criminal intermediation in our country are able to be shown. Secondly, it analyses the sources of these problems, which mainly consist the concept ones and the lawmaking ones etc.The fourth part introduces the conceive of constructing our criminal public-prosecution intermediation system. Now there is no regulation of the lawmaking in the aspect of criminal public-prosecution intermediation system. So in this part, through the definitions of the intermediation principle, the demands of using intermediation and the conditions of using that, the author will raise her own advices about how to construct our public-prosecution intermediation system.The fifth part is the research of some problems in the public-prosecution intermediation. This part puts emphasis on the further research of some problems when the intermediation is carried out in the public-prosecution cases.