Criminal reconciliation following the legislation : through the lenses of prosecutors in China

Sun, Yang

Abstract

Since 2012, the procedure of criminal reconciliation (CR) applied in public prosecution cases has developed from pilot projects in some district procuratorates to a statute-based procedure for use throughout China. The law now allows prosecutors to handle certain criminal cases by bringing about reconciliation between the victims and the (alleged) perpetrator of an offence and, if such reconciliation is achieved, to close the case. This thesis aims to evaluate CR after uniform legislation with the intention of better understanding the new process. In pursuing this objective, two questions have been focused on. The first is to explore what goals are set for CR behind the legislation, by examining legal documents, official discourse and relevant academic proposals concerning the introduction of legislation related to CR. The second is to understand the actual situation when these goals are put into practice, via consideration of evidence collected from in-depth interviews with seven prosecutors in China who have worked as facilitators in CR cases.
In attempting to develop a better understanding of how CR works in practice after uniform legislation, it analyses some key debates over CR, with special attention being paid to whether it is a form of restorative practice or a revival of Chinese traditional mediation. On the basis of theoretical analysis and empirical evidence, it points out that this is not an either-or option for CR that overlaps exist between western restorative justice and Chinese traditional way of conflict resolution. Rather, it is better to acknowledge that CR has inherited traditional methods but has also been inspired by restorative movement.
The unique lenses of the prosecutors provide a current view of the practice of CR after the institutionalization, and raise new concerns involving the ambiguous role-setting of prosecutor as a facilitator in CR process. In light of empirical reflection and analysis of relevant literature, it will demonstrate that the new facilitator role incorporates certain conflicts of interest for prosecutors, which in turn may affect their performance in the implementation of CR.

Citation

Sun, Y. Criminal reconciliation following the legislation : through the lenses of prosecutors in China. (Thesis). University of Hull. https://hull-repository.worktribe.com/output/4224069

• Thesis Type: Thesis
• Deposit Date: Mar 24, 2022
• Publicly Available Date: Feb 24, 2023
• Keywords: Law
• Public URL: https://hull-repository.worktribe.com/output/4224069
• Additional Information: Law School, The University of Hull
• Award Date: Jun 1, 2017