Trial Procedure Of Criminal Reconciliation System Research

Reconciliation is a word that has been one of the keywords in the field of justice in China; its scope of application should no longer be limited to civil, administrative and criminal private prosecution cases. Jurists had already studied on the application of the reconciliation system in the criminal public prosecution, in recent years, with the criminal policy of tempering justice with mercy to implement and the deepening of the construction of a harmonious society, Some judicial authorities tried to use criminal reconciliation to solve some of the minor criminal cases, has obtained certain social effect, But because there was no legal basis, it is hard to avoid confusing. In March2012new "criminal procedural law" listed the "Public prosecution proceeding settlement by the parties" as a special procedure of the criminal proceedings, which making the trial criminal reconciliation has been legal, and having positive significance in theory and in practice. However, the new criminal reconciliation system is not perfect and it still needs further perfecting in the concrete system construction, this paper, in the perspective of public prosecution, based on the trial procedure of criminal reconciliation system research, Combined with the results of theory and practice abroad and the current situation of the development of our country, Using logical analysis, comparative analysis and empirical research method,put forward the proposal that is to further build the trial criminal reconciliation system in our country, wishing To provide the beneficial reference to the parties’settlement proceedings in the case of public prosecution in China and arousing the attention of criminal justice field of reconciliation applied to the criminal cases on trial. so as to provide the basis for the court in our country strengthening management innovation and preferably resolving social contradictions, eventually to promote to maintain social harmony and stability effective improvement of the criminal justice. The first part of this paper mainly introduces the concept and basic theory of the trial criminal, comparing with the public prosecution cases in the criminal reconciliation in other programs and private prosecution cases in the trial procedure of criminal reconciliation, we will have a clear understanding in the nature of public prosecution in the trial procedure of criminal reconciliation, through the inductive analysis of its basic theory, we will accurate grasp its theoretical connotation; the second part explores foreign trial procedure of criminal reconciliation in regulations and practice, discusses the system of the Anglo-American law system and continental law system countries,which the improvement of the system of trial procedure of criminal reconciliation can effectively draw lessons from; The third part focuses on our country legislation status quo of criminal reconciliation system in the trial procedure, Discuss the controversy and legislation present situation and the legislative significance of the criminal reconciliation system of trial procedure, thus to put forward the problems and found defects; The fourth part immediately above put forward to perfect the proposal of the trial procedure of criminal reconciliation system in China. The author thinks that the trial procedure in our country of the provisions of the criminal reconciliation is still deficient, the case scope of reconciliation, hosts and participants, as well as the reconciliation process, concrete settlement effect, relief, shall be further perfected. And establish the related supporting measures for criminal reconciliation applies to overcome obstacles, to provide legal basis.