Criminal Reconciliation System In The Case Of Public Prosecution

For a long time, the traditional pattern of criminal justice has been the mainstream of the world within the scope of the criminal justice, but as people deepening understanding of the problems of crime and criminal justice, it was found that the disadvantages of traditional criminal justice, these disadvantages to today’s criminal justice bring a lot of trouble, this causes the people a new perspective to explore and innovation mechanism of criminal justice. Criminal reconciliation system in the case of public prosecution thus arises at the historic moment, as a kind of brand-new dispute settlement mechanism, to some extent compensate for the disadvantages of the traditional criminal justice, for justice, improve judicial efficiency, promote social harmony. In2012the fifth meeting of the11th National People’s Congress passed "about modifying the decision of the<law of the People’s Republic of China criminal procedure law>" provisions of the criminal reconciliation system in the case of public prosecution is applicable scope, applicable conditions, stage, etc, but the rules a bit thin and clear and concrete enough, still need further refinement. Therefore, this article proposed the new "criminal procedural law" perspective, from the following four aspects for the perfection of criminal reconciliation system in the case of public prosecution in China for further discussion.The first part, the summary of criminal reconciliation. This part introduces the legislative background of criminal reconciliation system in our country, defined the basic concept of the criminal reconciliation, expounds the basic principles of criminal reconciliation, which content to introduce the basic theory of criminal reconciliation.The second part, the value analysis of victim-offender mediation. This part from the criminal reconciliation has the value of justice and efficiency, fair and harmonious and criminal reconciliation with the resolve, the functions of protection, conversion and repair these two aspects analyzes the value pursuit of criminal reconciliation.The third part, the status quo of criminal reconciliation system in the case of public prosecution in our country. This part of the new "criminal procedural law" established by the legislative status quo of public prosecution reconciliation system and the system for three years in the judicial practice present situation to make a preliminary discussion, in order to clarify the status quo of applicable criminal reconciliation in the case of public prosecution system in China.The fourth part, the problem of criminal reconciliation system in the case of public prosecution in our country and improve the proposal. This part has analyzed our country present criminal reconciliation system in the case of public prosecution in the outstanding problems that exist in the applicable process, and aims at these problems puts forward the feasible Suggestions to perfect the criminal reconciliation system in the case of public prosecution in China.