Criminal Prosecution Of Mediation System Research

Even though self-reconciliation of both parties of self-reconciliation mode ruled in the criminal reconciliation system makes some aggrieved persons in criminal cases realize their physical makeup and spiritual consolation, but parties who cannot make self-reconciliation by themselves, have slight circumstances, and are not belong to the range of self-reconciliation cannot make it. At the same time, problems of lack of human rights insurance and judicial credibility cause procuratorial organs to take present criminal reconciliation system into consideration and begin to explore how to realize the judicial reform aims, such as insurance human rights and promoting judicial credibility. And the pilot procuratorial organs have made great progress in the agreement of criminal reconciliation with the method of criminal mediation. This paper analyzes these ways that the pilot procuratorial organs are trying to realize criminal reconciliation with the method of criminal mediation. Combining examples of criminal mediation of foreign countries’procuratorial organs and some specific cases from the author’s own procuratorial experience, the author analyzes the operating situation of the practice of the criminal reconciliation in our country. The author puts forward the idea that some moderate and severe criminal cases should be considered in the range of the criminal mediation. Also the author gives some suggestions that how to link procuratorial organs mediation to judicial judgment with the centre of trial in judicial reform and comes up with a set of criminal reconciliation systems which is suitable for procuratorial organs of our country.