JOURNAL OF HEBEI UNIVERSITY (Philosophy and Social Science) ›› 2017, Vol. 42 ›› Issue (5): 151-160.DOI: 10.3969/j.issn.1005-6378.2017.05.020

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An Empirical Analysis on the Operating Condition of Criminal Reconciliation System in the Examination of Public Prosecution ——Taking Non Prosecution of Procuratorial Organs of Sichuan Province as an Example

WU Wei-jun1, QIAO Ming-xiang2   

  1. 1. College of Political Administration, University of Electronic Science and Technologyof China, Chengdu, Sichuan 611731; 2. Sichuan Provincial People’s Procuratorate, Chengdu, Sichuan 610031, China
  • Received:2017-02-13 Online:2017-11-20 Published:2017-11-20

Abstract: The amended Criminal Procedure Law has stipulated the criminal reconciliation system in three items, providing the legitimacy for the criminal reconciliation cases settlement to procuratorial organs. Taking the non prosecution as a starting point, through the empirical analysis of criminal reconciliation cases by Sichuan province procuratorial organs, we can see, although the effect of the legislation can be seen, while restricted by the existing legal framework, the concept of judicial resources, and other factors, the current criminal reconciliation system has problems on its narrow range of application, less approach, low application rate on the limitation of the current legal framework, investigating preconception and judical resources. Therefore, it is necessary to targetedly improve the current legislation framework design on the criminal reconciliation system, including appropriately expanding the range of criminal reconciliation, simplifying the workflow of no prosecutions system and perfecting the modes of criminal reconciliation, based on the background of the current judicial reform.

Key words: criminal reconciliation, procuratorial organ, non prosecution

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