Research On Criminal Reconciliation System In China's Review And Prosecution

On January 1,2013,the implementation of the current criminal procedure law,the law special provisions of the public prosecution case of the parties to reconciliation,which is the first criminal law of criminal reconciliation,which marks the criminal reconciliation system has been recognized by our legislation.The criminal reconciliation system is a unique case processing procedure,which has been running for many years in our country,aiming to repair the damaged social order,resolve disputes and protect the rights and interests of the victims,has the advantages of autonomous selectivity,alleviate and mutual benefit,which is of great significance to ensure social order,maintain national stability,build a harmonious socialist society.At the same time,the criminal reconciliation can effectively save judicial resources and improve the efficiency of criminal cases.The procuratorial organ is the legal supervision organ of our country,exercising procuratorial power according to law,and after the entry into force of the new criminal procedure law,promulgated the criminal procedure rules(trial)of the people's procuratorate.The application of criminal reconciliation in procuratorial organs can better play a supervisory function,and show the status of the procuratorial organs to maintain social fairness and justice.The criminal reconciliation of the prosecution is an important part of the criminal reconciliation system.the application of criminal reconciliation cases in accordance with the scope of the cases under article 277 of the code of criminal procedure,followed the principle of equality,voluntariness and legality,must also have clear facts and sufficient evidence.The operation mode of criminal reconciliation of public prosecution cases,although mature in practice,due to the lack of legislation,it still lack specific operability norms in judicial practice,there are many problems,such as the work model,role orientation,scope of application,practice effect and many shortcomings,which are the problems of criminal reconciliation system.The author,as a grass-roots procuratorate engaged in public prosecution,combined with the actual work experience of reconciliation cases,and in-depth analysis of the criminal reconciliation system of the review,attempt to propose a feasibility solution,further improve the supervision mechanism of the criminal reconciliation system,improve the practical application efficiency,avoid judicial corruption,and maximize the unique advantage of criminal reconciliation system.