检察机关在刑事和解中角色冲突的原因探析

Analysis on Reasons of the Role Conflict of Procuratorial Organ in Criminal Compromise

由于刑事和解与传统的解决刑事纠纷的方式在目的、价值等不同,检察机关的检察权在刑事和解中有了新的诠释,而检察机关又必须在现有的法律框架下进行实践操作,难免会出现各种不同的角色身份之间的冲突,检察机关在刑事和解中存在角色的冲突,主要是由于检察系统考评机制的影响、立法原因、缺乏有效的控权机制、法制宣传不够等原因。

The dispute way is in purpose , value since criminal compromise and the tradition solving are criminal Deng Bu Tong , the procuratorial organ procuratorial authority has had new annotation in criminal compromise , the procuratorial organ must carry out practice operation under now available law frame but , has been hard to avoid that the conflict between various different role dignity appears, procuratorial organ conflict there existing a role in middle in criminal compromise , cause such as being legislation cause since procuratorial work system tests and assesses machine - made effect, being short of an effective charging right mechanism , legal institutions for propagating lack mainly.