The Application Of The Criminal Reconciliation System In Public Prosecution Cases

The new Criminal Procedure Law revised in 2012 has made a provision to the criminal reconciliation system from the legislation perspective, marking the formal establishment of the criminal reconciliation system in China. In normal practice, the application of the system has gradually been valued by the judicial practitioners and started to play an important role. This paper, with the example of cases as the starting point, is aimed to reflect the problems existed in the application of the criminal reconciliation system and put forward the ideas and suggestions to further improve the criminal reconciliation system in China. This paper also summarizes China's criminal reconciliation system, including the concept of the criminal reconciliation system, the current legislative status and the function of the criminal reconciliation system, as well as the important significance brought to the criminal judicature in China at the current days. The criminal reconciliation system is developed late at the legislative level and there are still some defects existed, including the concerns whether a unit can become the subject of the application of the criminal reconciliation system, the unclear scope applied to a specific case, the inconsistent standard applied to the compensation of a criminal reconciliation, and the vague law provision for the joint crime cases on how to apply the provisions of the criminal reconciliation law. After the investigation made to the judicial practice in China and the combination applied to the punishment with leniency as a goal, some enlightenment in the application of the criminal reconciliation system can be achieved for China, aiming to be able to promote the higher development of the criminal reconciliation system from both theory and practice standpoints.