The Study On Criminal Reconciliation System Of Public Prosecution Case

In recent years, with the rapid development of economy and culture, a variety of emerging elements gradually penetrate into social life. Social disputes and contradictions gradually increase under the influence of these emerging elements. Minor crime rate shows an increasing trend year by year in particular. Minor criminals feature pure motives and little self danger in juvenile criminal cases, which leads to both domestic and overseas judicial special protection of minors reflecting in Substantial Law and Procedural Law. In our country, the current Criminal Procedure Law has a special chapter for the criminal reconciliation system,which widens the channels for solving minor crime problems and enables minor criminals to gain the forgiveness and return to society preferably. Unfortunately, although the current Criminal Procedure Law enacts the criminal reconciliation system, it doesn't distinguish the applicable standards of adults and minors, instead, it adopts "one size fits all" method, which doesn't conform to the criminal policies for minor offenders in our judicial system and goes against the protection of the legal rights and interests of juvenile delinquents, therefore, the establish of the criminal reconciliation system for minor criminals is urgently required.To begin with, this article discusses concepts of criminal reconciliation system and the criminal reconciliation system for minor criminals, and then make a concrete analysis of both domestic and overseas judicial status of the criminal reconciliation system for minor criminals,from which this text summarizes the judicial practice experience of foreign countries of laws.Finally this essay combines the practical difficulties of this system in our country and analyzes the concrete reasons and then bring forward the concepts of improving the criminal reconciliation system for minor criminals in our country.This essay consists of four parts except for the introduction and conclusion.Part I. This part enhances people's theory understanding of the system through elaboration of related concepts of criminal reconciliation system and the criminal reconciliation system for minor criminals, and then discusses the forming foundation of the criminal reconciliation system for minor criminals through the perspectives such as traditional culture in our country, laws and regulations and national policies.Part II. This part introduces the judicial status of the criminal reconciliation system for minor criminals in foreign countries and compares the criminal reconciliation systems for minor criminals in countries of different genealogy of law. Then analyzes the characteristicsof these systems in foreign countries, from which put forward their similarities and differences. Finally, summarizes the applicable experience of the criminal reconciliation system in foreign countries.Part III. This part discusses the practical difficulties of the criminal reconciliation system in our country from the following three aspects: systematic procedure, applicable stage and fulfilling obligations. Then analyzes the reason of practical difficulties from the following three perspectives: public perception, procedural legislation and enforcement mode.Part IV. This part uses the necessity of establishing the criminal reconciliation system for minor criminals as an argument and bring forward the system conception from the following five aspects: basic principles, applicable conditions, applicable range, applicable stage and applicable procedure. Then makes suggestions to improve the criminal reconciliation system for minor criminals in our country from the following two aspects: the way to fulfill obligations and community correction system.