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我国探索刑事和解的发展道路已十年有余,可谓历经曲折。检调对接在社会转型而矛盾凸显的历史背景下应运而生,作为刑事和解在检察工作中实践形态和具体探索方式,它被赋予更多的社会属性,是检察机关参与社会矛盾化解的崭新课题。文章围绕公诉权在对接人民调解、调解过程和刑事责任处理等阶段的权能运行,结合实践中检调对接机制面临的困难与问题,论证公诉权的依法行使确保检调对接机制的合法性与健康运行,并提出公诉权主导检调对接的价值取向和发展方向。
Our country has explored the path of the development of criminal reconciliation more than 10 years, which may have gone through twists and turns. As a criminal reconciliation, prosecutors practice the forms and specific ways of exploration in procuratorial work. It is endowed with more social attributes and is a brand-new topic for procuratorial organs to take part in resolving social conflicts . This article focuses on the power of public prosecution right in the process of docking people mediation, mediation process and criminal liability handling, combined with the difficulties and problems facing prosecutorial docking mechanism in practice, demonstrates the lawful exercise of public prosecutorial power according to law and ensures the legitimacy and health of prosecutorial docking system Run, and put forward the right of public prosecution dominate the value orientation and development of docking.