Of Criminal Reconciliation Not To Prosecute

The first Criminal Reconciliation case occurred in Kitchener, Angarsk, Canada, in1974which made the social relations offended by the criminals repaired. Since then, idea of restorative justice has been gradually recognized by countries around the world.In the process of implementation around the world, no matter in theoretical circles or in practical circles, different theoretical supports have been put forward and tempted. Since ancient times, the government has formed the traditional concept of a "Harmony", and "Weary of Litigation".With the traditional judicial concept of fight against crime turned to people-oriented, modern judicial concept of human rights protection, judicial awareness of Criminal Reconciliation is to "activate".In2006, on the16th Session of the Sixth Plenary Session, after Proposed the implementation of the criminal policy of combining punishment with leniency clearly, a wave of criminal reconciliation heat wave has been set off in procurator organs across the country. In2010, the criminal policy of combining punishment with leniency will be implemented by the Supreme Court to have it be issued by the courts at all levels.On March,2012, the Two Sessions verifies and gets through the "Amendment of the Code of Criminal Procedure." which has been discussed for sixteen years. It is explicitly written into the Amendment of Protection and Respect for Human Rights and Criminal Reconciliation.The Amendment of the Code of Criminal Procedure which is knows as the Constitution is perfected after its amendment in1996.At this point, the criminal reconciliation system is "safe landing" in our country. The author of this I am truly pleased, however, due to the implementation of the system is still at the exploratory stage, so I think it remains to be the perfected.According to the legislative status quo of foreign and investigation of the domestic status of implementation, combining with the author's field research, I suggest it is should be further expanded on its scope of application, improve the criminal reconciliation not to prosecute the program.Then I put forward the immature recommendations, hoping that it will be useful in the implementation process.This article includes the Introduction is divided into five chapters.First chapter is an introduction, which introduces the significance of writing this thesis and existing state of affairs at home and abroad.The second chapter concerns an overview of Non-prosecution of Criminal Reconciliation, in which Criminal Reconciliation, the relationship of the Criminal Reconciliation not to prosecute, the difference of related systems, the basic theory of Non-prosecution of Criminal Reconciliation are includedThe third chapter concentrates on the inspection of system of the extra-territorial (regional). According to the Implementation status of the Chinese Legal System and Anglo-American law system, it is reflected that the crucial problems which occur in the Criminal Conciliation non-prosecution system should be solved immediately.The fourth part drives to the problems which occur in the Implement of Criminal reconciliation and Criminal conciliation non-prosecution system in China. After combining with the experience of Chapter third, it paves the ways for my suggestions.In the fifth part, I propose the design of Criminal Conciliation non-prosecution system in China, on comparison to and learning from the extra-territorial (regional), put forward my own suggestions as followings. First, Perfect the legislation of criminal procedure, make up the legislative blank. Second, strict on the contents of non-prosecution system of the Criminal Conciliation. Third, create the supporting measures of Criminal Conciliation non-prosecution system. Fourth, strengthen the construction of team of Prosecutors for the better implementation of the procurators work.