The System Of Criminal Reconciliation In The Case Of Public Prosecution To Improve

Under the context of the criminal justice policy, a new system develops which is called criminal reconciliation system. Through the consultations between the victim and the offender, victim compensation can be given by the offender, social relation can also be rebuilt. The criminal reconciliation system generates from a storm over the traditional criminal justice system. Since the emergence of the criminal reconciliation system, it has been taken as a new model to deal with criminal conflict. It helps the offender establish new life attitude and behavior patterns and makes him return to the society. In addition, it also can help the victim recover the damage and rebuild his sense of security. The criminal reconciliation system, as a new dispute settlement mechanism, has been adopted by many countries and applied to criminal cases since the1970s. With the promotion of judicial reform in China, the criminal reconciliation has been researched recently. It is based on the value system of criminal reconciliation and judicial practice and experiences over the years, the newly revised criminal procedural law in2012gives its legal status for criminal reconciliation system. It marks that we pay more attention to human rights protection in the process of the rule of law. However, there are still a lot of vague issues that we need to continue to explore in judicial practice.This paper mainly explores the criminal conciliation procedures of public prosecution using the theoretical analysis, document analysis and comparative analysis. It is divided into four parts. The first part introduces the basic theory of criminal conciliation system, including the concept, nature and characteristics of the criminal reconciliation. The second part mainly introduces the development of the criminal conciliation system in civil law system and common law system countries. By analyzing, we get to know the major patterns of western criminal reconciliation system which provides references for our country. The third part focuses on the legislative status quo and problems of the criminal conciliation in our country. Through the interpretation of the newly revised criminal procedural law, it is easy to find our criminal reconciliation system is still imperfect. The fourth part presents four consummate suggestions to the system of criminal conciliation, including the establishment of the basic principles of criminal reconciliation, further legislation perfection, the enhancement of legal supervision mechanism and the improvement of the relevant supporting systems. Therefore, the paper provides some useful reference for further improvement of our criminal conciliation system.