Analysis Of The Settlement System Of Parties In Public Prosecution Cases

With the rise of the human rights protection, "Criminal reconciliation" has the function of protecting the rights of the victim and the criminal, and restoring the social relations. China introduced "criminal reconciliation" to apply in practice and achieves good judicial effect. But at the same time, people have questions about the system,for example "to spend money to ransom" and "the law applicable to the poor and the rich is not equal". Therefore, "criminal procedural law" of our country provides "public prosecution procedure of conciliation " to regulate the parties and reduce the question. This paper described the difference between litigant reconciliation system of public prosecution cases and "spend money to ransom" from three parts, it also demonstrate imperfection of this system from the provisions of existing laws and improvement of the parties to a case of public prosecution of reconciliation systemThe first part is about the legitimacy and fairness of the criminal reconciliation system.Firstly,this part essentially distinguishes the difference between the parties in the case of public prosecution reconciliation system and "pay to redeem punishment" from the perspectives of the constitutional system, then it expounds its legitimacy from saving judicial resources, improving the efficiency of judicial reconciliation system.The second part demonstrate the provisions of the current law on public prosecution parties reconciliation system and the deficiencies. This part analyze the scope, applicable condition,and applicable procedure, and points out that the stipulations in the current law and shortcomings of judicial interpretation, such as: the applicable scope of main provisions of the reconciliation system are too narrow, the main body of application is too wide, initiator is not clear and so on.So that we can tell more clearly which partiesis suitable to reconcile and how to reconcile.The third parties about legislative perfection of the public prosecution. Aiming at the shortage of the system we put forward the author's suggestion from the aspects of applicable condition, applicable procedure and legal supervision, in order to improve the reconciliation system, make up the shortfall and reduce the questions of the public?...