Study On The Criminal Reconciliation System For Examination And Prosecutionstage

Criminal reconciliation is also known as the victim offender reconciliation, victim and offender mediation, the parties meeting or restorative justice conference,it appears in the middle of twentieth Century in western countries, Westernrecovery products of justice, its basic connotation in the crime occurred, with the help of the mediator, the victim and offender negotiation, settlement of criminal disputes, its purpose is to restore the damaged social relations, the offender to remedy the harm suffered by the victim, and the restoration ofpeace between the offender and the victim, the offender and start with a clean slate, return to the society. Criminal reconciliation is widely accepted in thewestern countries, and is widely applicable. The implementation of the newcriminal procedure law, established in the Chinese criminal policy of temper justice with mercy and the background of constructing a harmonious society,the criminal reconciliation system caused by a large number of domesticscholars, but also caused the judicial organs especially the procuratorial organ’s attention. In the past10years, the procuratorial organs in many areas of the country to develop a large number of detailed system, specific practice and Exploration on the stage of review and prosecution for criminalreconciliation system, and achieved certain results.January1,2013implementation of the "PRC Criminal Law" the parties reconciliation is added in the special procedure of public prosecutionprocedure, this is our implementation of leniency of criminal judicial policy of new initiatives, but also to provide a legal basis and institutional support forthe necessary judicial practice as the procuratorial organs prosecution stageapplication of criminal reconciliation. The criminal reconciliation and prosecution for criminal reconciliation review at the stage of review and prosecution is an important issue in the criminal procedure reform, is also apart of prosecutorial practice, has important theoretical and practical significance of the applicable criminal reconciliation system for examination and prosecution stage to create fair environment for the rule of law to achievethe advanced judicial idea, promote the judicial harmony. Through analysis and comparison of before and after the Sichuan Province procuratorial organsprosecution stage judicial practice applicable criminal reconciliation in thereview of the implementation of the new criminal procedure law, the applicable criminal reconciliation problems on stage review of the prosecution, in order to put forward some practical suggestions.This text is divided into three parts:The first chapter discusses the necessity and feasibility of the stage of review and prosecution for criminal reconciliation system. Mainly from the need for building a harmonious society, the right of public prosecution embodies the value, to improve litigation efficiency and other aspects of the stage of review and prosecution for criminal reconciliation system and analyses the necessity of; from the policy basis, theoretical support, practical basis, from thefeasibility analyzes the stage of review and prosecution for criminalreconciliation system, in order to show the application of the criminal reconciliation system in the prosecution stage examination is necessary and feasible.Comparative analysis for second chapter inspects the new criminal procedural law of criminal examination before and after the implementation of the criminal reconciliation system. The new criminal procedure law practice of SichuanProvince before the implementation of the procuratorial organs prosecution stage of the applicable criminal reconciliation in the review were introduced in this paper, the types of application are introduced; focus on the implementation of the new criminal law review and prosecution stage after the application of the criminal reconciliation analysis of inspection, the provisions of the criminal reconciliation in the new criminal procedural law and Sichuanpast practice, analysis of the advantages and disadvantages of the provisions of the new criminal law of criminal reconciliation in clauses, find out thecriminal reconciliation system into law after the stage of review and prosecution for existing problems, and deeply analyzes the reasons of the problems, in order to provide basis for improving the stage of review and prosecution of criminal reconciliation system.The third chapter puts forward the path choice of the criminal reconciliation system of examination and prosecution stage. Through the analysis of the western countries in the prosecution of the criminal reconciliation system,better draw inspiration from. And from the establishment of modern criminal judicial theory, pay attention to local experience and foreign experience, role orientation, good balance to solve the procuratorial organs to prevent "buying punishment" phenomenon, to prevent the criminal reconciliation has becomethe judicial corruption window, illustrated the prosecution of criminal reconciliation system in improving the examination needs to grasp; establishthe amount of compensation reference standard, establishing the criminal reconciliation mechanism to start hearing procedure, and establish rescue mechanism, the perfect supervision mechanism and community correction mechanism on the stage of review and prosecution for criminal reconciliation system is to further improve the.