Review Of Criminal Reconciliation In The Prosecution Stage

Criminal reconciliation system, as a new way of judging criminal cases.Following the theory of modern criminal justice of its core value is to maximize the protection of the victims, with the purpose of resolving social contradictions,eliminating the conflict, restoring the damaged social relations. Compared with other stage of the proceedings, the prosecution phase of the criminal conduct reconciliation has more advantages, the higher the efficiency of the earlier application of criminal reconciliation, the case to the prosecution stage, the basic facts of the case clearly,prosecutors have successfully treated cases of reconciliation legal means, that is relatively non-prosecution, so this paper to analyze the stage of criminal prosecution against the problem of reconciliation.“The Criminal Procedure Law” has been revised in 2002 which formally established the criminal reconciliation system. In practice, it has proved that the criminal reconciliation system has a positive effect on resolving social conflicts and enhancing litigation efficiency, the system shows the implementation of double enhancement of legal effect and social effect. However,there are still some issues need us to explore in practice indeed. This article entailed the method of case analysis through three typical cases. With these cases analysis raising a series of questions on stage of review prosecution procedure for criminal reconciliation. This article studied issues of the applicable scope of criminal reconciliation, the definition of role of prosecuting authority, Supervision of the prosecution phase of the prosecution of criminal reconciliation.This article is divided into three parts, as following: Introduction, Main body,Conclusion. The introduction mainly presents the meaning of the study, research status and research methods. The main body can be divided in three chapters:First chapter is the introduction of cases, this article listed three comparatively representative cases in respect of criminal reconciliation, such as case of Huang et congregated fighting, case of Tian provoking affray, case of Yang committing traffic offence, have made a brief introduction of the three cases. On this basis pointed out several focus problems in the cases, the applicable scope of criminal reconciliation,whether prosecuting authority could preside over criminal reconciliation on the stage of review prosecution procedure, Supervision of the prosecution phase of the prosecution of criminal reconciliation.The second chapter is the legal analysis of the related cases in respect of raised problems. With the guidance on the theory of criminal law of our country, through deeply analysis of the criminal reconciliation system, combined with the specific cases closely, then further discussed the cases which have reflected a series of issues, and finally put forward the author’s viewpoint.The third chapter is the enlightenment of the case study. In the role of criminal reconciliation in the judicial practice in China and the existing problems,propose perfecting suggestion in related areas. It aims to expect to help the application of the criminal reconciliation system in China in long run.Conclusion part is the discussion of the full text of involved problems of conclusion and summary.