Tudy On Criminal Reconciliation Without Resorting To Prosecution In Harmonious Society

Against the background of harmonious society, the criminal reconciliation without resorting to prosecution is necessary in exploring and developing mechanisms of solving criminal disturbances in multiple ways, in establishing socialist harmonious society and implementing the criminal judicial policies of meting out severe or lenient penalty. The combination of two mechanisms of reconciliation and non-prosecution appears simple addition of words, but in nature they complement each other and elevate the criminal judicial system, which is, in fact, a new type of mechanism of solving criminal problems. The criminal reconciliation without resorting to prosecution plays a role of punishment through education,which is significant to solving social contradictions, mediating social disputes and building socialist harmonious society.This topic aims to make research into the criminal reconciliation without resorting to prosecution with the help of present research results, which attempts to build an effective mechanism of criminal reconciliation without necessity of prosecution in the context of social notions. Guided by theory, summarizing practical experience, the development of the mechanism tries to provide reference for displaying both judicial and social roles.This paper conducts discussion and research in following five chapters:1. Introduce the criminal reconciliation without resorting to prosecution in harmonious society. It highlights its connotation, practical significance, value and indispensible role in building harmonious society.2. Describe the practices of criminal reconciliation without resorting to prosecution in harmonious society. By illustrating practices of the mechanism in different regions, the chapter systematically compares three modes of the mechanism in practice and makes suggestions.3. Introduce the People’s Procuratorate of Chang Ning District in implementing the mechanism of criminal reconciliation without resorting to prosecution. The chapter analyzes the development trend and differences of the mechanism before and after the enactment of new Criminal Procedure Law by the means of reports on such cases. By further discussing and analyzing two typical cases, the chapter further narrates the implementation and feasibility of the mechanism in the harmonious society.4. Based on above theoretical research and analysis, the chapter mentions followingdrawbacks of the mechanism in judicial practice: 1) unclear legal basis; 2) different operation procedure leads to the lack of internal momentum; 3)such violations as parties involved might pay for the reduction of service term;4)imperfect supportive mechanisms and controversy on prosecution units’ discretion5. Suggest perfecting the mechanism. By summarizing principles of the mechanism, the chapter offers further guidance for perfecting the mechanism, including making clear the feasible standards, standardizing the procedure, establishing supportive mechanisms and strengthening the mechanism of ensuring prosecution units’ discretion of implementing the mechanism. These suggestions might promote the prosperous development of the mechanism in judicial practice.