The Empirical Analysis Of The Criminal Reconciliation In Examination And Arrest

Local procuratorate implement the criminal policy " temper justice with mercy" actively In recent years, they learn and transplant what's been called "restorative justice" under the conditions of the criminal reconciliation system. They are applied to the judicial practice in our country and have a good result. However, the conduct of criminal settlement is always confined to prosecution, and has gradually become standardized and systematic. But as the pretage procedure of arrest, the application of criminal reconciliation cases are very few due to time limit, power, as well as philosophy and impact of constraints. This has led to a embarrassing result again and again such as capture the crime but not to prosecute or just sentence them to probation. Some domestic areas has done some exploration and attempt in criminal examination and arrest, but thy are unmature. There are still a lot of problems in the applicable procedures, applicable standards, legal effect and the performance. This paper try to write from the criminal reconciliation system themselves to clarify the positive effect in examination and arrest system.It pointed out the problems in the examination of arrest stage application of criminal reconciliation procedure, effectiveness and performance in order to solve these problems and give some opinions and suggestions. I hope what I have done can be used in the judicial practice.