Research On The Procuratorial Application Of Criminal Reconciliation

The criminal reconciliation is the system that in the criminal action the offendersplead guilty,an apology,compensation or other forms to reach a settlement with thevicitms,thus the offenders are not prosecuted for criminal responsibility,evenexemption from punishment. It has the basic characteristics of ease, mutual win,autonomy and enforcement. The criminal reconciliation has two values of fair andefficiency,the construction of the criminal reconciliation has realistic meaning.Furthermore, the criminal reconciliation is not the “freak” contrary to the theory ofthe nature of crime, the basic principles of criminal law, the purpose of punishment,criminal litigation structure and other traditional criminal law theories.The rise andpromotion of it has the legitimacy.The procuratorial application of criminal reconciliation is referred to the systemthat in the prosecution phase, the offenders plead guilty,an apology,compensation orother forms to reach a settlement with the vicitms, after reviewing and approval, theprocuratorial organs do not catch,prosecute the offenders,suggest withdrawing casesor lightering,easing punishment.As an important form of the criminal reconciliation, itis a relatively independent and special criminal procedure.China’s procuratorial organs are undertaking active and beneficial attempt on theapplication of the criminal reconciliation and explored the application scope,thecondition,the mode,the procedure,etc. Any system can not be flawless from the dategenerated,the criminal reconciliation is no exception.The prosecution application alsoencounters difficulties and challenges such as ununiform application, poor effectionin some criminal cases,increasing the space of power rent-seeking and otherjudicial practice problems.In order to guarantee the criminal reconciliation in the Chinese prosecutionpractice virtuous operation,we should consummate the mechanism.Firstly,consummate the legislation of the criminal reconciliation;secondly,perfect supervisionmechanism;thirdly, establish the supporting system relevant to the criminalreconciliation.