Improving The Prosecution Stage Of Criminal Reconciliation System

In recent years, no matter in the judicial practice or in theory, restorative justice is a very Popular words, restorative justice is a essence of the crime by establishing a dialogue on the relationship between crime and victim, the offender assume responsibility actively eliminate the conflict from the deep contradictions,also by the community and other relevant aspects of participation, an alternative justice activities to repair the damaged social relations.It beginning in the mid twentieth Century to the present has become a trend, the idea has been accepted by many countries, many models produce practice, the criminal reconciliation is a kind of one model. Now the criminal reconciliation as a new criminal procedural law stipulates criminal treatment and more popular in practice.The criminal reconciliation system in the traditional criminal justice system theory faces into the people's vision setbacks on the basis of confusion and practice, judicial should pursue the equilibrium value and comprehensive, the criminal justice solutions should be diversified values,providing a wide field of vision to explore the innovation system to promote the reform of the judicial system. Therefore, in the context of building a harmonious society, pay attention to the judicial recovery function, further innovation idea of criminal justice, the criminal reconciliation, the judicature recovery into the real case for,It has important theoretical value and practical significance to promote the development of criminal justice. The author reveals the connotation of criminal reconciliation with the new criminal procedure law, the establishment of the criminal reconciliation significance, and the existing problems in our country's criminal judicial practice of criminal reconciliation, especially as the main force of criminal reconciliation of procuratorial organ in the application of the criminal reconciliation system in the face of difficulties, and on the basis of foreign recovery justice, puts forward some feasible suggestions about out of criminal reconciliation dilemma in judicial practice in China, including the expansion of scope and applicable criminal reconciliation premise; determine the basic mode, set up a special criminal settlement handling mechanism, realize the “complaint” and “reconciliation" personnel; to establish the perpetrators and victims to meet communication mechanism; the phases to determine criminal reconciliation applicable procedure; procuratorial organs duty and clear reasoning responsibilities; defining the effect of the settlement agreement, forbid it when the back; alternative penalty measures and system to follow up and perfect criminal sanctions, such as the application of community correction system; perfect the Division mechanism, saving judicial resources; not to prosecute the restart mechanism of proceedings; procuratorial organ as the main body to construct public security, mutual supervision of machine System and so on, with particular emphasis on criminal reconciliation process must ensure judicial justice, judicial public opinion guide, in order to benefit the establishment of criminal reconciliation system in China.