The Research On Criminal Mediation System Of The Prosecution Stage

With the rise of in-depth development of China’s judicial philosophy and restorative justice in our country in recent years, in judicial practice, criminal reconciliation of this consultation and cooperation between the two sides to replace the new model of criminal justice against each other. Which as a solution to the new initiatives of criminal justice issues, especially in criminal reconciliation system in the prosecution phase of the application of the broad support of the theory and practice community. Calm and rational criminal reconciliation through dialogue and consultations caused by crime, criminal, civil disputes, proper handling of the victim, the perpetrator, the relationship between the countries around the penalty and compensation on the basis of taking into account the interests of a fair and just judicial recovery. As not yet a mature and settlement system in the development of a criminal case, we need to see the prospect of such a system, its seeking a more reasonable development and progress and provide a solid theoretical and practical basis, can not ignore the criminal legal system overall rationality away blindly support and encourage its implementation. This article from the prosecution phase of criminal proceedings, to seek the legitimacy of criminal reconciliation applicable, and applicable procedures and analysis of the problems encountered by the criminal settlement system in the current judicial practice in China, as well as how to build in the prosecution phase criminal reconciliation system, and seek on this basis, the legislative level and the improvement in the practical operation. Only to adapt to the criminal reconciliation system and the general theory of criminal proceedings, and at the same time the feasibility of in the judicial practice, the prosecution of the criminal settlement system in the review stage to get better and more widely applicable. This paper aims to conduct in-depth exploration and study of these issues; I hope to build a sound stage and better apply to be useful in the examination and prosecution criminal reconciliation system.In this paper, in addition to the introduction and epilogue, the body is divided into the following sections:The first part is an overview of part of the criminal reconciliation, start from the origin and development of the criminal reconciliation, as well as the specific meaning of the applicable in the prosecution phase of the characteristics analysis. The second part demonstrates the overview of the development of the criminal settlement system in the major Western countries, and can draw on the content of revelation to us. The third part of the application of criminal reconciliation in our country, especially in the prosecution phase of the application of and challenges faced in this process. Specific analysis in Part IV is in our criminal procedure, criminal Reconciliation, as well as how to apply and other related issues.