Research On Criminal Reconciliation In Public Prosecution Cases

In the absence of litigation,reconciliation,as a way of resolving disputes,plays an unparalleled important role.In China,the initial expression of reconciliation is that the prestigious elders in the village act as mediators,bringing the two sides of the conflict together to mediate.With the introduction of law,litigation has increasingly replaced ordinary civil mediation to occupy a dominant position.Later,with the popularity of litigation,people found that reconciliation is more conducive to reducing judicial costs,saving litigation resources,simplifying litigation procedures and resolving disputes than litigation.In recent years,with the increasing number of criminal cases,the criminal reconciliation system has made a significant contribution to effectively resolve social contradictions.At present,the provisions of our law on the system are not perfect,there is room for improvement.Although the Criminal Procedure Law of 2012 and the Supreme People's Court have stipulated the criminal reconciliation system of public prosecution cases,only the current legal provisions are still insufficient to realize the original intention and value of the establishment of the criminal reconciliation system of public prosecution cases.It is necessary to study the problems existing in the criminal reconciliation system of public prosecution cases and put forward corresponding countermeasures.In our country,the criminal reconciliation system of public prosecution cases refers to that in the process of criminal proceedings,the defendant and the victim negotiate the losses caused by the civil rights and interests of the victim with their full voluntary consent.The defendant takes various remedial measures to compensate the victim.The result of reconciliation has a certain impact on the criminal punishment of the defendant,and the reconciliation agreement is subject to justice.The organs confirm that they can play an effective role only after they confirm that they are mainly committed to restoring social relations to the state before the crime occurs.Through the study of the development of the criminal reconciliation system in public prosecution cases in China,the author finds that there are still some problems such as insufficient awareness of judicial staff,imperfect legal provisions and ineffective supervision.In view of the above problems,the author combines the reality of the development of criminal reconciliation system in public prosecution cases and puts forward three aspects: improving the ideological understanding of judicial staff,including regularly organizing the study of legal theory,establishing modern penalty concept,and establishing the idea of initiatively promoting the pilot project of criminal reconciliation;perfecting the criminal reconciliation system in legislation,including expanding the scope of application of criminal reconciliation in public prosecution cases.Improve the criminal reconciliation compensation related issues,increase the protection of victims' rights and interests,establish the priority implementation mechanism of reconciliation agreement,supplement and improve the sentencing standards related to criminal reconciliation;improve the supervision system of criminal reconciliation in public prosecution cases,including strengthening the self-supervision within the court system,strengthening the legal supervision of procuratorial organs,and strengthening the supervision of the masses.Noodles.The author aims to solve the existing problems of criminal reconciliation in public prosecution cases through the above measures,so as to better serve practice and promote the development of practice.