Improvement On The Stage Of Review And Prosecution Of Criminal Reconciliation System

The system of criminal reconciliation refers to according to the special types of cases in the criminal procedure, criminal and victim on a voluntary basis, by judicial mediation, criminal sincere repentance, made the victim or family member’s understanding, so as to reach a settlement agreement, the judicial organs according to this exemption, reduce or lighter on crime criminal punishment a special criminal procedure. The criminal reconciliation system aims to restore the damaged social relations and more realistic to protect the rights of victims, at the same time ensuring human rights, reflected in the maintenance and protection of human rights in the administration of justice principle, can be more favorable to the maintenance of social stability and promoting social harmony.The criminal reconciliation system originated in the restorative justice, first appeared in the United States, in European countries in succession in different forms and be established. The criminal reconciliation system of our country is to comply with building a harmonious socialist society and the concept of the lenient and strict judicial policy and the emergence of. At the beginning of this century, in legal theory and judicial practice of criminal reconciliation system is of many aspects of research and exploration, put forward a series of proposals and ideas. In2012eleventh session of the National People’s Congress of the fifth meeting of the "Criminal Procedure Law" amendment, add a chapter "mediation in cases of public prosecution procedure" in the fifth special program, this indicates that China has formally established the legal position of criminal reconciliation system."Criminal Procedure Law" amendment is passed, there is a legal basis for the exploration and practice about criminal reconciliation related judicial departments, and further regulate the use of the criminal reconciliation system, formulated the "criminal procedural law" matching rules and interpretation, to further standardize the criminal reconciliation details and related procedures. Although the criminal reconciliation of the new system was formally established in the law, but in practice, social all circles personage still questioned in different degree of the criminal settlement system, the judicial practice departments also conducted a number of research and Discussion on the system, all these show that the criminal reconciliation system of our country is still in the initial stage of immature, need to be further perfected.In this paper, based on the review of the operation situation of procuratorial organs in Fuyang city the prosecution of criminal reconciliation system of research and analysis, the system problems occurred during its operation, puts forward some countermeasures and suggestions, in order to make some contributions to the development of China’s criminal reconciliation system and perfect. The author from the prosecution of criminal reconciliation system to review the advantages and development of specific discussion, for procuratorial organs in Fuyang city before and after the revision of "Criminal Procedure Law" the prosecution of criminal reconciliation cases to carry on the research analysis. Analysis by changing the prosecution stage, the number of criminal reconciliation cases against the city review applicable category of cases is relatively concentrated and reconciliation case processing results, and points out that the stage of criminal reconciliation system in the examination prosecution such as subject of criminal reconciliation status is not reasonable, failed to save judicial resources problems and lack of relevant supporting system, and puts forward the establish scientific guiding principles, broadening the scope of the case, the criminal reconciliation system and rules to improve the related countermeasures and suggestions, in order to better play the criminal reconciliation system in the stage of review and prosecution value.