On The Scope Of Public Prosecution In The Criminal Case Settlement

Criminal conciliation, a new criminal settlement mechanism which aims to restorejustice and protect the rights and interests of victims, accords with China’s traditionaljudicial philosophy characterized by severity with leniency as well as the concept ofharmonious society. It not only avoids confrontation and hatred and resolvescontradictions from two sides, but also fully protects the interests of victims andactively promotes offender’s return to society. With the perfection of our criminallegal system, criminal conciliation system has gained widespread recognition bothfrom theorists and practitioners. With the expansion in contradiction betweencitizens’ personal rights, arbitrary punishment power of government and publicprosecution authority in criminal proceeding, how to define the application scope ofcriminal settlement cases is crucial for its current development. Although the newCode of Criminal Procedure of2012sets up a special chapter and defines clearly therange of application for criminal conciliation, the scope of application is still narrow,use standard is not clear and union in judicial practice. In order to promote thefurther development of the criminal conciliation system, we should clarify the scopeof its application by studying and comparing the similarities and differences both athome and abroad as well as draw lessons from judicial practice. What’s more, it willmake an positive impact on special legislation on juvenile delinquency cases andexpansion of application scope according to offender’s morality obligation.