公诉环节检察调解机制新论

面对社会转型中大量出现的轻微犯罪,单纯刑罚手段对恢复因犯罪所造成的不调和因素所发挥的作用不甚明显,而检察调解则有助于节约司法成本、防范案件,进而实现和谐司法。为此,我国可以从检察调解的范围、条件、适用程序等方面完善,正式引其入律。

New Theory about Mediation Mechanism in Public Prosecution

As a form of dialogue and cooperation in order to restore the original settlement of the case,Prosecutorial Conciliation provides a new train of thought for the criminal justice reform in China.Returns to the status of the victim,policy of temper justice with mercy,the introduction of composite theory of justice provide a basis for the application of prosecutorial conciliation.Face to a lot of minor crimes in the proceeding of social transformation,it is not good to use a simple penalty to restore the disharmony factors that caused by crimes,but it is a good policy for saving the cost of mediation for,guarding against the case and building a harmonious society.So we can officially guide them into the law from the scope,the conditions and the procedure of prosecutorial conciliation system.