Criminal Reconciliation System Of Procuratorial Organs

In the west, along with the rise of restorative justice and victim protection movement, criminal reconciliation system has been rapid development. In the domestic, criminal reconciliation system has rapid development because of needs to build realistic harmonious socialist society with Chinese characteristics. Although the " Criminal Procedure Law " was revised and provide a legal basis for the criminal reconciliation system, but influence of traditional criminal justice model is imperfect and the criminal reconciliation system complementary measures, making the positive function of criminal reconciliation system has not been fully realized.Criminal justice in China is currently in the tide of reform, criminal reconciliation system not only recognition by the judicial organs, experts and scholars is in constant exploration. Through analysis of the different stages of the criminal justice process, I believe stage of the prosecution is the most appropriate of criminal reconciliation system, therefore, the main standpoint of this article is the exploration of procuratorial organs of criminal reconciliation system in China, especially to the procuratorial organs exploration of criminal reconciliation system in Guangxi. Through the issue of criminal reconciliation system encountered in practice to summarize and analyze the reasons, and finally put forward applicable recommendations about procuratorial organs of criminal reconciliation system on this basis.This paper is divided into five parts:Chapter1:An overview of the concept of criminal reconciliation system and expounded origin and development of the theory of criminal reconciliation system; finally, comparative analysis the criminal reconciliation system with the three basic principles of criminal law, considered criminal reconciliation system further reflects the spirit of the three basic principles.Chapter2:First analyzes the criminal reconciliation system in four practice modes of procuratorial organs in our country, then combined with relevant statistical data, detailed analysis of practical and achievements in Guangxi procuratorial organs.Chapter3:Combined with the Guangxi procuratorial organs applies the specific circumstances of criminal reconciliation system, considered the criminal reconciliation system in China’s procuratorial organs of the concrete practice existence the one-sided social cognition、lack of relevant legal system and the actual operation up three aspects.Chapter4:Detailed analysis of the reasons for existence the problem of procuratorial organs in the criminal reconciliation system, pointed out the importance of complete the procuratorial organ judicial power、established eligibility moderator and simplify judicial procedures.Chapter5:For criminal reconciliation system exists in the application process problem, put forward how to complete the criminal reconciliation system in the specific application of procuratorial organs. Not only be clarified from the cognitive aspects, but also at complementary measures to improve present system provisions, and finally put forward how to complete the criminal reconciliation in judicial practice ideas.