The Using Of Victim-Offender-Reconciliation During Pre-trial Proceedings

Criminal procedure law, revised in 2012, sets a special chapter to stipulate the "public-prosecuting case and judicial proceedings of victim-offender-reconciliation" which stipulates the victim-offender-reconciliation with legal form, and absorbs years of our country’s theoretical researches as well as reasonable contents of practical result. However, because criminal procedure law only stipulates reconciliation scope, reconciliation procedure and reconciliation efficacy by three articles, and there are some problems in actual operation, especially in victim-offender-reconciliatio during pre-trial proceedings. In addition, because of its characteristics like initiative of litigious activities and non-finality of adjudication efficacy, and the unilateral prosecution status of public security as well as procuratorial organ which host the reconciliation in criminal procedure, these all make the actual motion of the reconciliation during pre-trial proceedings have its particularity. The reconciliation during pre-trial proceedings may balance respective interests and repair social relationships broken by crime as soon as possible. It has its value of existence in realizing the split-flow of cases and increasing lawsuit efficiency. Add to that, it also has investigative necessity to problems encountered in practice, like meaning changes of parties, scope determination of reconciliation, agreement expansion of reconciliation and so on in reconciliation procedure initiation.The article is divided into four parts:Part Ⅰ:the summary of victim-offender-reconciliation during pre-trial proceedings. Analyzing the meaning, characteristic and value of victim-offender-reconciliation during pre-trial proceedings. Victim-offender-reconciliation is the lawsuit system, during pre-trial proceedings, when special organ is looking into the crime, the agreement that reached a reconciliation between victim and suspect on the basis of negotiation, on the premise of conforming to the scope and condition of reconciliation, which investigated and confirmed by special organ so as to determine that suspect should be lenient punishment.Part Ⅱ:the problem of victim-offender-reconciliation during pre-trial proceedings. This part, from the particularity of victim-offender-reconciliation during pre-trial proceedings, analyzes a series of problems about reconciliation initiation, position and function of special organ, reconciliation scope and reconciliation efficacy, during the stage of investigation and prosecution, applying to victim-offender-reconciliation.Part Ⅲ:the reason analysis of problems about victim-offender-reconciliation during pre-trial proceedings. It is considered that the main reason generating the issues mentioned above is the difference of legislation and juridical practice as well as the contradiction of detective function and criminal conciliation.Part Ⅳ:the suggestion of improving the procedure in victim-offender-reconciliation during pre-trial procedures. Putting forward a superficial conception about improving the system of victim-offender-reconciliation during pre-trial proceedings, such as limits pre-trial phase start and principal of criminal reconciliation, To establish "the defendant crimes to recognize whether program", perfecting relief system and so on.