The Research On Criminal Reconciliation

The emergence and development of the criminal reconciliation system is closely related to the protection of the rights of victims. As a restorative justice model, the system aims to repair the social relationship damaged by the crime. It should be said that the criminal reconciliation system has been in ancient times, but the system is accompanied by the development of criminal policy in China and the trend of the world wide range of punishment is becoming more and more attention. In recent years, China has also been improving the system of criminal reconciliation, and the system of criminal reconciliation is a good opportunity for the development of a harmonious society in China. However, we must also see that as a traditional criminal law country, China’s current judicial ideas, litigation system and working mechanism, etc., have caused great difficulties in the practice of the criminal settlement system. To promote the legislation of criminal reconciliation, it is bound to be a comprehensive reform and reform of the judicial philosophy, the litigation system, the working mechanism, in order to provide a possible way for the construction and implementation of this system.The criminal reconciliation system in China has obvious characteristics, in which the role of procuratorial organs is very important in the criminal reconciliation. Based on the research of the criminal reconciliation system in our country, this paper analyzes the problems and reasons in the practice of criminal reconciliation, and puts forward some paths of perfecting the criminal reconciliation system in our country.The first part for criminal reconciliation system based the theory summary, in the concept and value of this part explains the criminal reconciliation system and from the perspective of comparative study introduced criminal reconciliation in the western context of different development path. And then it analyzes the practical significance of the criminal reconciliation system, the system of criminal reconciliation in line with the requirements of building a harmonious society, help to protect the legitimate rights and interests of the victim, and help the criminal to return to the society.The second part is the criminal reconciliation system and the basic theory of criminal law. This part of the content from the basic theory of criminal law to analyze the theoretical basis of the criminal reconciliation system. First, criminal reconciliation system and our country criminal law principle of legality, criminal culpability unity and the principle of application of criminal law the principle of equality of the agreement. Second, the criminal reconciliation system and the fundamental purpose of the penalty. The modern criminal law theory thinks the prevention is the basic purpose of the criminal law, but the criminal reconciliation can accord with the general prevention and special prevention. Finally, the criminal reconciliation is in accordance with the requirements of the criminal policy of our country, that is, the system of the criminal reconciliation system has carried out the requirements of the lenient and severe punishment and the penalty of the criminal justice.The third part is the analysis of the current situation of the application of criminal reconciliation system in our country’s procuratorial organs. Firstly, this part introduces the general application of criminal reconciliation mode in China, which plays an important role in this mode, and analyzes the application of criminal reconciliation system in China from the perspective of procuratorial organs. Secondly, in this mode, the procuratorial organs have to face the role conflict, this part also points out the role of the procuratorial organs in the criminal reconciliation, and finally introduces the problems in the practice of criminal reconciliation.The last part of this paper is to improve the system of criminal reconciliation system of procuratorial organs in china. To improve the current system of criminal reconciliation, we must further clarify the functions of the procuratorial organs, and clear the role of procuratorial organs. In this paper, we can further strengthen the mediation of the people’s mediation committee in the criminal settlement. The procuratorial organs as the state power organs in the criminal reconciliation in the middle of the responsibility is to take the mediation of the criminal settlement system to improve the rationalization proposal. Second, improve the relevant system of criminal reconciliation, such as the national compensation system, the suspension of the prosecution system, and finally, should be effective in the non imprisonment penalty.