Research On Criminal Reconciliation In Public Prosecution Cases Special Procedures

Criminal Reconciliation has been established as an institution in our country,making the name of judicial practice of groping. The "harmony" of the CriminalReconciliation fit with China’s traditional culture, therefore, in theory and practice athome and abroad each other to promote the judicial practice has been in this uniquesoil showing strong vitality. What it appears, no doubt in a way that meets theinterests and needs of the parties to the conflict, makes the judiciary series of lawsuitsincome, and contributes to the restoration of social relations and social harmony andstability，it will be one of the best tool to solve the case of the criminal settlement.However, the birth of each new system policy will face the thorny practical path willproduce along with many other issues.To the establishment of the special procedures of the new Criminal ProcedureLaw provides a case of public prosecution of criminal reconciliation focus scope ofthe study, combined with judicial practice, attempt to exclude the criminal settlementsystem existing legislative and judicial practice resistance to criminal settlementsystem will bethinking rise to a rational expectations and criminal cases under theimpetus of the criminal settlement system, will lead to the diversification of triagemechanism penalty is playful and socialization.The subject of this article is divided into the following three parts:The first part, Analysis of criminal reconciliation legislation. The parties reach asettlement on their own deficiencies; related entities lack of participation; voluntarypublic authorities to intervene or not, how will the depth of the problem involved; lackof oversight mechanisms, which is going to protect the conduct and results of thereconciliation of fair and lawful.The second part, the judicial practice plight. In judicial practice, the negativeattitude of the public authorities to respond positively and abnormal hidden behind;analysis of the effectiveness of the agreement of practice issues related to thesettlement agreement, and so on, are not related to specific norms.The third part, Criminal reconciliation imagines. The author will analysis one byone from the legislative level and the level of judicial practice on the above issues,and then put forward the corresponding countermeasures and suggestions to solvethem.