Criminal Reconciliation In Public Prosecution Cases In The Application

In the1990s, with the concept of restorative justice spreading across the world,China began to carry out the criminal reconciliation system. Except some rules specifiedin relevant judicial interpretation, criminal settlement system in China’s legislation hasbeen a blank. Until new "Criminal Procedure Law" was promulgated in2012, criminalreconciliation system had just bagan to stipulated in the basic law. The new law set outsome basic rules about the criminal settlement, but when these rules were applied tothe society, some problems appeared. Including: the scope of the criminal settlement isnarrow, criminal settlement conflicts with the traditional judicial concept, the scope ofthe criminal settlement is limited in criminal investigation stage. The practice caseprove that it is imperative to expand the scope of the criminal settlement and resolve theconflict with traditional concept of justice. Meanwhile, expanding discretion of thesecurity organ for handing criminal cases in a certain range also presents the meaning ofthe concept of criminal justice. Therefore, these issues must be improved, so that thecriminal settlement can be applied to judicial practice better.