Analysis On The Criminal Reconciliation System During Pre-Trial Proceedings

From the fundamental purpose of the establishment of criminal reconciliation, the scope of Chinese Code of Criminal reconciliation is relatively narrow, criminal cases of reconciliation scope of application should consist of three parts:First, suspected of the crime of criminal law under Chapter Ⅱ, sentenced to10years in prison following penalties in criminal cases. Second, suspected of criminal law, the provisions of Chapter V of the crime may be sentenced to10years in prison. Third, in addition to dereliction of duty may be sentenced to seven years in prison following penalty offenses committed through negligence cases.Through the introduction of foreign criminal reconciliation mode, compared to the domestic results of theoretical studies, taking into account the existing experience of the pilot, this paper outlines the criminal reconciliation mode suitable for China’s national conditions. Stressed that the public authority should be given the right to make recommendations in the operational phase of the program should be integrated into third-party professional mediation institutions in the People’s Mediation Committee for mediation "in the start-up phase of the criminal reconciliation procedure.The application as well as the legal consequences of the case of public prosecution of criminal reconciliation is the best judicial effect and legal consequences of the criminal settlement system. In the investigation stage, change the criminal compulsory measures to implement the criminal reconciliation; review of arrest stage, mainly by changing the criminal coercive measures to achieve a settlement agreement; relative not to prosecute in the prosecution phase, the implementation of the Criminal Reconciliation the main measures of the agreement.This article also discusses the system of legal supervision of the criminal settlement. The supervision of the court, the people’s supervision for the supervision of the investigative organs of criminal reconciliation by not filing oversight, should not be taken off the case to be taken off the case supervision, the establishment of parties in a reasonable return visit system; member of the system as well as other methods of supervision.