On Criminal Reconciliation System In Procuratorial Link Application

Disputes always exist with the development of human society, the history of human society to some extent means that the evolution history of dispute resolution. If a dispute is not resolved at all, there may be ulcer wound on social organism, while if the dispute is resolved in an inappropriate and unfair way, then there will be a trauma left on social organism and the increase of trauma may be a serious threat to people on the maintenance of satisfactory social order.Criminal settlement system, s a dispute settlement mechanism with the color of private relief and the nature of public relief, applied to the judicial practice in America, Britain and some other countries since the 1970s, has now been accepted by many countries and regions with its vitality community of all ages and its effectiveness gradually causing concern. In recent years, the criminal settlement system has attracted the enthusiastic discussion of China's legal circles, scholars make some research on foreign criminal settlement theory, our criminal settlement system design, the application of the criminal settlement in China and many other aspects of the value. The judiciary has also actively explored the application of the criminal settlement system in practice. However, because China's current system is not uniformed in the settlement of the criminal legislation and criminal reconciliation mechanisms are inadequate, the criminal settlement system, both in theory and in judicial practice are in the exploration. With the demand of building a harmonious society and under the guidance of the criminal policy of combining punishment with leniency, it is necessary and feasible to build a criminal settlement system in line with China's national conditions. For a large number of minor criminal cases in our judicial practice, the unanimous request of the parties or transferred to the consent settlement institution presided over reconciliation, not only can fully protect the interests of victims, but also improve the efficiency of criminal proceedings, save judicial resources, and obtain "win-win" between parties and the state.In this article, the author first around the part of the prosecution for criminal reconciliation system necessity were discussed, from be helpful for protecting the legitimate rights and interests of litigants, saving judicial cost, improve judicial efficiency, is beneficial to law enforcement cases the unity of legal effect and social effect, improve the minor criminal offenders incarcerated results in a poor situation four aspects, on the value of the analysis of criminal reconciliation system. In the second part of the article, the author from the political basis, legal basis, policy guidance, practice base four perspectives on the application of criminal reconciliation system in China the feasibility analysis, and strive for the criminal reconciliation system to find its development association and foundation. As a result of the criminal reconciliation system in China to try and development stage, it will face many problems, this article, in the third part of the case, analysis of the criminal reconciliation system in procuratorial link use the existing problems and difficulties. In the difficult aspects of main summary, both parties face-to-face negotiation is difficult to achieve, the offender will directly affect the economic foundation of criminal reconciliation agreement, the" price oneself out of the market", which could not be reached for reconciliation, criminal reconciliation cases number. In addition to the above problems, the author also on the scope of the criminal settlement is not uniform, the diversification of the way of case processing, application of criminal reconciliation cases procedures, supervision and restriction mechanism is not perfect wait for a respect undertook analysis one one. In the last part, the author summarized the difficulties and problems in the foundation, proposed own suggestion, specific include to establish the modern concept of criminal justice, strengthening procuratorial function, establishing the link of the basic principles of application of criminal reconciliation, procuratorial link application of criminal reconciliation system in three areas of the specification. In these three aspects, the author thinks should be effectively combined with the actual of procuratorial work, criminal reconciliation problem undertakes reflection seriously, the theory and the practice, to find out the root of the problem, and find solutions to the problem.Zhou Yongkang, secretary of the Central Political Committee, stated in the national political conference of television and telephone the three priorities of in-depth reform of the social conflicts, social management innovation, fair and honest law enforcement. As a prosecutor being at he criminal prosecution, I hope through the settlement system, to make an exploration in both theory and practice to discover the difficulty and problems in it and hunt for the solutions to problems for prosecutors to participate in social conflicts, and contribute to maintaining the social harmony.