On Criminal Reconciliation System Prosecution Phase Apply

In China, criminal reconciliation system is thought to be a suitable justice policy at present because it combines punishment and leniency. As the focus of the criminal justice reform and the new mode to deal with cases, provides a new model for China’s criminal justice practice. In the practice of criminal reconciliation, there exists a lot of confusion and operational problems, including imperfect regulations and problems in the specific operation. These problems have hindered the efficiency of procuratorate. It is difficult for them to apply the criminal reconciliation in reality. The new "Criminal Procedure Law" which has been implemented provides a legal basis for the procuratorate. The new law has added the parties reconciliation in cases of public prosecution procedure. However, due to the imperfect regulations and the relevant measures, it is still difficult to carry out the criminal reconciliation in the stage of review and prosecution. This has brought new challenges to handle cases according to law and justice. The author describes the present situation of review and prosecution of the criminal reconciliation system and then intends to make clear difficulties in operation. Some suggestions and measures about improving the criminal reconciliation system are put forward. The author hopes that the system can play a more effective role in the prosecution phase, eliminating contradictions, resolving disputes. Further attention and more protection should be given to victims while at the same time the perpetrators under punishment can play a positive role in society.