The Prosecution In The Criminal Reconciliation: Problems And Countermeasures

The connection of prosecution and intermediation refers to the mechanism ofconciliation which is organized, standardized, and non-litigation, conducted under theconsent of parties in minor criminal cases, cases related to complaint letter and visitof prosecution and petition, and the execution and conciliation of civil suits. It is aforceful measure to promote the three key assignments of “Social Conflict Resolution,Social Management Innovation, and Practice of Law with Justice and Honesty”. Itmeets the requirement of building a harmonious society, and inclines topeople-oriented. After plenty practical experience on the bases, it will be recognizedby the public and gain development.Criminal reconciliation system, as one of the main measures to carry out theconnection of prosecution and intermediation, fits the theme of constructing aharmonious society domestically and the international criminal justice trend ofrestorative justice, which receives plenty attention in both practice and theory circles.As a country of traditional criminal law, the current justice concept, suit systemand mechanism have already caused big trouble in practicing and exploring thecriminal reconciliation system, and affected the effective realization of the penalty. Topush forward criminal reconciliation, the reform and innovation on justice concept,suit system and mechanism are needed in order to offer a possible outlet for theconstruction and execution of this system.The constitution of our country provides that the people’s procuratorate is thelaw supervision department of China. Its supervision function and duty determines itsimportance when carrying out every task. Modern prosecution has double functionswhich are to limit the country’s public power and ensure civil right. All these requirethat the prosecution department must regard the new civil legal need as the startingpoint and inspection standard of the work. Criminal reconciliation meets the newpublic legal need. However, the position of the prosecution department in thereconciliation is unclear. Before the new criminal law is launched, the prosecutiondepartment would actively promote the criminal reconciliation as a working mechanism to settle social problems. Lacking of specific rules in the law, prosecutiondepartment is put into a embarrassing condition. Such problems as whether toactively hold the reconciliation or passively supervise, how to maintain a neutralstand, and how to guard the authority of the law show one after another. When thecriminal reconciliation system actually is put into practice, the prosecutiondepartment suffers various plights and setbacks, which minimizes its efficiency.Criminal reconciliation system, as a reformative one in its preliminary phrase,undergoes various experiments, which is unavoidable and necessary. However, withthe continuous and deepening improvements, a complete and unitive execution plan isneeded. On the base of thorough investigation and summary, we should set down astandard so that we could have legal base for what we do and develop the system in ahealthy and organized way. To have a rational attitude towards the function andposition of the criminal reconciliation in the criminal legal system is crucial to thefuture of this system. To overstate or understate its use would bring bad result to therenovation of the system.As the system is in its preliminary develping stage, the related concept, systemand issues of related working mechanism show in front of us. After years’ highesteem, the practice of criminal reconciliation is under question. It relates toreconsideration of many basic concepts of rule by law. Scholars think that itslegitimacy helps building a harmonious society, fits the leniency-severity policylegally, and reflects the concept of restorative justice in theory research. To guaranteethe neutral position of the reconciliation organization and the willing consent of theagreement, as for pattern of criminal reconciliation, it’s better for the non-partialreconciliation organization to preside. In order to guarantee a better social effect andthe justice of the system, a clear jurisdiction range and target is a must to prevent theabuse of the system.The ciminal reconciliation system is in its beginning phase. The paper intends tostudy the cases of criminal reconciliation of the current prosecution department, toshow and discuss the problems that exist when the prosecution department practicecriminal reconciliation. The basic idea to better the related system and reform thecriminal reconciliation fro the prosecution department is given. The concept and idea of system would be recognized and accepted by the public gradually. As for anecessary step of the reformation of the criminal justice system of the country, tomonitor the law, whether criminal system would effectively settle the conflict andrealize the justice, fulfilling its value aim and regulatory function of the justicebehavior on social relationship, this paper will give a complete discussion andanalysis.