The Research Of Criminal Reconciliation Of The Procuratorial Process

Criminal reconciliation, also known as victim-offender reconciliation, originates from a new trend of criminal thinking in the west. In the west,it refers to the solution of criminal offences after the confirmation of the crime by facilitating the communication between concerned parties through face-to-face contact between the victim and the offender as well as through the mediation by a neutral third party. Criminal reconciliation not only recovers the damage of the victim and helps the criminal to return to the society, but also remodels the pattern of public interest. At the moment, in order to construct a harmonious society and to conform to the trend of times, procuratorates all over the country have begun the exploration in both legislation and legal practices on this aspect. Although there is yet to be the standardization of criminal reconciliation because of the lack of a unified legal stipulation and because of the differences in understanding, it is an indisputable fact that we have made great social achievements in the exploration of criminal reconciliation. Since procuration is a link in the entire criminal suit and criminal reconciliation plays an irreplaceable part in procuration, we should borrow the experience of criminal reconciliation from other places to establish an institution of criminal reconciliation in the process of procuration as soon as possible. The author believes that the institution of criminal reconciliation will be perfected and put into practice in the joint efforts of legal theoretical field and criminal law practice departments. Based on an overall analysis on the theory of criminal reconciliation, this thesis emphasizes on the analysis on the judicial practice and difficulties of criminal reconciliation, and then puts forward the construction of its institution, in the hope that criminal reconciliation will play its due part in resolving crimes and constructing a harmonious society.The thesis is divided into three parts:The first part, an overview on criminal reconciliation, mainly introduces the theory of criminal reconciliation, its relationship with three basic principles of criminal law, along with the basis and value of criminal reconciliation. The second part deals with the legal practice and difficulties of criminal reconciliation in the procuratorial process. This part first expatiates on the status of criminal reconciliation in the legal system of our country, then analyses legal practice of criminal reconciliation and finally points out the difficulties in the procuratorial process. The third part deals with the construction of criminal reconciliation institutions in the procuratorial process. This part elaborates on criminal reconciliation on the following aspects:basic principles, sphere of application, basic procedures, time limit and approaches, moderator and his role, standard,and the supporting systems. This thesis then proposes the construction of criminal reconciliation institution in the procuratorial process in a comprehensive way.