The Criminal Reconciliation And Application In Our Country Procuratorial Stage

The criminal reconciliation system，refers to the process in criminal proceedings, thesuspect or the accused and the victim on issues such as civil compensation negotiations toreach a settlement to resolve criminal disputes, Public security and judicial organs approvedafter examination,and as the basis of making a decision not to arrest and prosecute or therecommendations of leniency.The newly revised Criminal Procedure Code standardized thecriminal reconciliation in a special chapter through the form of "reconciling the partiesindictable cases proceedings". How to make criminal reconciliation to play a meaningful rolein prosecutorial process, and how to strengthen and improve the supporting mechanisms is animportant mission.Firstly, this article introduces the emergence and development of criminalreconciliation system, explains the meaning of the criminal settlement, discusses itstheoretical foundation of traditional equilibrium theory and restorative justice theory.Secondly,this assess also introduces the functions of resolving, protecting, transformation andrepairing.Thirdly，this paper also introduces the history of criminal reconciliation, discussesfocusing on the necessity of criminal settlement from both the affirmative and negativeaspects, and comments on the modified provisions of the Criminal Procedure Law onCriminal reconciliation.Finally, this thesis analyzes the applicability of criminal reconciliationin our country, introduces the applicable of conditions and procedures, combing with thecurrent judicial procedures, points to the mainly problems which lie in the processing ofexamining arresting and prosecution, and puts forward to some suggestions.