Types And Effectiveness Analysis Of The Connection Of Prosecution And Conciliation

In recent years, with China's entry into a period of increasing problems, the connection of prosecution and conciliation arose at the historical moment.The connection of prosecution and conciliation with profound social and historical background reflecting the people-oriented law enforcement for the people's basic requirements, supplies a new method for mediating contradictions. In judicial practice, there are numerous disputes about criminal reconciliation, one system of the connection of prosecution and conciliation, there force it is highly necessary to discuss the question in depth.Criminal reconciliation, one system of the connection of prosecution and conciliation, is based mainly upon on the restore justice theory, the equilibrium theory and the contract theory. Through the analysis of the above theories, we can draw a conclusion that the criminal reconciliation is not applicable to any type of case, but only certain.On basis of judicial practice, minor criminal reconciliation of the connection of prosecution and conciliation could be mainly divided into the following main types:),the case for slight traffic accident;), the case for slight injury for purpose;),the statutory punishment of fixed-term imprisonment be less than 3 years for the crime committed by the teenagers, the school students or the old; and),the case for disputes between relatives, friends, neighbors or colleagues.The above four kinds of cases have their own characteristics, which determine that the four cases could be integrated into the scope of criminal reconciliation. As far as the criminal reconciliation of the connection of prosecution and conciliation is concerned, it could be categorized into 3 different systems and the modal that pre-reconciliation conducted first by the procuratorial organs and then mediation agreement issued by the people's mediation organization probably could be the best.Slight criminal reconciliation mainly produces legal and social effects. From the legal aspect, successful criminal reconciliation makes the offenders not to be approved arrest, concludes relative none sue decision, suggests the public security organ to withdraw the case or suggests the court to give a lighter or mitigated sentence. From the later points:),It is beneficial to construct the harmonious society;),It is better for protecting the interests of the injured party;),It is more effective to educate and save the aggressor, to avoid further criminal;),It is effective to reduce the legal costs from macroscopic viewpoints; and), It is favorable to differentiate relatively the processing results of criminal cases.In spite of the fact that the slight criminal reconciliation indeed has some shortcomings, however, the system whose aim is to balance the judicial discretion and the autonomy of the parties, in summary has strong vitality to explore the new methods for dealing with criminal cases.