The Research Of Procuratorial Organs For Criminal Reconciliation

Criminal reconciliation system in the modern sense is not originated in China, but the products of the new western penal thought and the penal philosophy in the middle of the last century. Compared to the traditional criminal dispute processing mode, criminal reconciliation system, as a kind of criminal dispute resolution mechanism, pay more attention to the dominant position of the victims in a criminal dispute resolution. And according to the repentance performance and confessed attitude of the victims, combined with the offenders’subjective malignancy and social harmfulness, it can deal with the offenders with leniency. In this way,it will not only protect the victims’rights and interests, but also help the transformation of the offenders in order to promote their social reintegration.At present, the procuratorial organs in China are trying to practice the criminal reconciliation. The Code of Criminal Procedure (Amendment) which will be implemented on January1,2013will provide a normative basis for judicial practice, but the provision is still relatively principle. This paper aims to comb the basic theory of the criminal reconciliation and combine. the victim-offender-reconciliation theory with the practice. Using the empirical research methods, this paper tries to give some specific suggestions to improve the implementation of the criminal reconciliation in China.