Some Problems Of Public Prosecution Criminal Reconciliation

During recent years, in order to promote socialist harmony, criminal reconciliation has attracted more and more attention as a brand-new system that can resolve disputed effectively. However, not confirmed by law, criminal reconciliation cannot be implemented constantly and different judicial agents may have different ideas about it. This division not only ruins the consistency and authority of judicial activity but also weakens the judicial agents’ will to implement it. Something must be done to confirm, design and regulate criminal reconciliation so that it can be applied consistently and the interests of victims and defendants can be better protected.The unit the author working for is a pioneer of ShangHai courts in implementing criminal reconciliation. It has been engaged in the practices and researches of criminal reconciliation for a few years and has made some progress on it. As the practitioner, the author also has a lot of questions and thoughts. To take criminal reconciliation as topic is not only concerned with interests but also the results of long-time thoughts.Based on the principles of criminal law and criminal procedural law, the author stresses the importance of legislation. Pragmatic solutions are provided while the researches and practices of nowadays are not fundamentally altered, which projects the innovation and value of this passage.Judicial practices are combined closely with this passage. This combination makes this passage more persuasive. What’s more, comparison is adopted to discuss various questions, by which the author’s viewpoints are disclosed comprehensively.This passages consists of introduction, concept, current legislations, the relationship between reconciliation and mediation, the principles of volunteer and safeguard, post-reconciliation disposal, disposal of reconciliation reversal. Totally, there are 38000 characters. Among them,8000 lie in the introduction.In the introduction, the author introduces the reasons and ends of this passage.In chapter one, concept and current legislations of criminal reconciliation are discussed. By comparison, the author introduces some concepts of criminal reconciliation, defines the essence and answers some preexisting questions. And the theoretical background and relevant practices are also discussed here. Most importantly, the author introduces the current legislations of our country and throws out some questions that need to be improved.The second chapter talks about the application domain. The author discusses this topic from the viewpoints of practices, dilemmas, procedural regulations, exeptions.The third chapter analyzes the relationship between criminal reconciliation and mediation. Based on common points, differences and orientations, the author draws the conclusion that traditional mediation has been integrated into criminal reconciliation and become a part of criminal reconciliation.The fourth chapter talks about the regulation and safeguard of principles of volunteer. Principles of volunteer is fundamental rule of criminal reconciliation. This chapter the application of this principle in criminal reconciliation and makes some suggestions on the procedural designation. The concept, practices and relevant issues are also discussed here.The fifth chapter after the settlement of the criminal prosecution of cases handled. The author from the practice situation, the present difficulties, etc., use a lot of material on the reality of judicial practice in criminal trials for the treatment of reconciliation analysis, the prosecution’s case after a settlement mechanism for the lack of withdrawal by the Prosecution is the root cause of these phenomena. And the prosecution’s case by the Prosecution after the withdrawal settlement mechanisms and procedures in many areas of design.The sixth chapter introduces the disposal of reversal. Based on the advanced thoughts about reconciliation reversal, the author analyzes the definition and practices of this phenomenon. The detailed designation of reversal clause, applications, and various disposals are also discussed here.