Perfection Of Criminal Reconciliation System In Public Prosecution Cases

With the continuous progress of our society and the continuous development of economy,all kinds of crimes have begun to develop in the direction of diversification,difficulty and complexity,resulting in the traditional idea of severe punishment more and more difficult to solve various new situations and problems in judicial practice.At the same time,the idea of victim protection began to emerge gradually.Influenced by this idea,the criminal reconciliation system began to take root and sprout.We know that as a dispute settlement mode to protect the victim,the criminal reconciliation system can promote the victim to obtain more effective economic compensation and compensation while reconciling with the defendant and eliminating hatred,and it is also conducive to the criminal suspect,the defendant sincerely repents and returns to the society as soon as possible,so the system has been widely concerned by many scholars in China,and has carried out a lot of research on the system in theoretical research and judicial practice,which has played an important role in the establishment and development of the criminal reconciliation system in China.Through years of judicial practice and experience accumulation,in 2012,the criminal procedure law of China formally wrote the criminal reconciliation system of public prosecution cases into the special procedures,clarified its system structure,further improved and implemented the idea of protecting human rights in China’s criminal justice,which is of great significance to promote economic development,build a harmonious society and maintain fairness and justice.But at the same time,we also see that the relevant provisions of the criminal reconciliation system in the criminal procedure law are not perfect,and there are still many problems to be further solved and improved.Through a large number of analysis and Research on the criminal reconciliation system of public prosecution cases,this paper aims to find its shortcomings and put forward corresponding solutions,in order to provide ideas and reference for the further improvement of the criminal reconciliation system of public prosecution cases in China.The specific contents of this paper are as follows:The first part introduces the meaning and basic theory of the criminal reconciliation system of public prosecution cases.First of all,the basic meaning and theoretical basis of the criminal reconciliation system are clarified;secondly,the differences between China’s criminal reconciliation system and other similar system points are compared and analyzed,so as to clarify the independent value of its existence.The second part raises questions.First,from the aspect of content,up to now,the criminal reconciliation system has not formed a unified compensation standard in terms of content.The problem is that on the one hand,it will cause the victims to ask for money,on the other hand,it will make the aggressor use the compensation system to opportunistically obtain light punishment;on the other hand,there are defects in the procedure,resulting in the application rate of the criminal reconciliation system in various judicial organs The third is the imperfect procedure in the implementation process,which leads to the implementation effect of the criminal settlement agreement is not obvious and perfect,which leads to new contradictions and disputes.Fourth,from the perspective of supervision,the current supervision and restriction mechanism is not perfect,mainly in two aspects:first,it is difficult to achieve criminal reconciliation of public prosecution cases with multi-party participation;second,there is a lack of effective supervision and restriction on the process of criminal reconciliation.Because there are many problems to be solved in the criminal reconciliation system,it fails to give full play to its due value and role.In the third part,from the comparative analysis of the similar system of criminal reconciliation between foreign countries and China,the author puts forward the idea of solving the related problems.This paper focuses on the theoretical basis and specific content of the development of the criminal reconciliation system in western countries,and analyzes its reference significance for the development of the criminal reconciliation system of public prosecution cases in China through in-depth discussion on the development of the criminal reconciliation system in France,Germany,Japan and other countries.The fourth part is to propose solutions to the above problems,specifically,for the improvement of the criminal reconciliation system of public prosecution cases,we should further improve the content,procedure,implementation and supervision of the criminal reconciliation system,and strive to overcome the misunderstanding that "criminal reconciliation is to spend money to buy punishment".