论检察调解制度的构建

建立检察调解制度符合宽严相济的刑事政策,有助于预防重新犯罪,保护当事人合法权益和化解矛盾,促进社会和谐.我国有必要在相关理论和实践经验的支撑下,建立规范的、操作性强的检察调解机制.在刑事诉讼法中明确赋予检察机关调解权,规定调解权行使的原则、条件和范围、程序;建立相应的监督和救济机制.

On Constructing the Prosecutorial Conciliation System

The exploration of the prosecutorial conciliation system aims to strictly apply the criminal policy of tempering justice with mercy, prevent the crime, protect the litigant's legitimate rights and interests, and promote the society developing harmoniously. It is necessary for our country to construct a standard and feasible prosecutorial conciliation system with the help of related experience and theory. In the Law of Criminal Procedure, the procuratorial agency's mediation power should be stipulated explicitly as well as the exercise principle of the mediation power, condition and scope, concrete procedure content. In order to maintain both parties' benefit practically and guarantee it fair, the corresponding surveillance and relief mechanism should also be established.