A Study On The Criminal Reconciliation Of Trial Stage

In recent years,with the"harmonious society" concept to put forward,criminal reconciliation becomes a new way to resolve criminal disputes,and law scholars in China have an increasing concern for it.In 2008,"National Social Science Fund Project Guide task" clearly set out "the study of Criminal reconciliation".In 2009 the "People's Court of the Third Five-Year Reform Outline" also clear that "we must study the establishment of the criminal settlement system".Since then the system of criminal reconciliation goes to the front desk of the Chinese judicial reform.This article intends to study the criminal reconciliation of the trial stage of criminal proceedings,in order to promote the investigation,and the reform of criminal settlement of the prosecution phase of the review,and further improve the localization system building of criminal reconciliation systems.In addition to the introduction and conclusion,there are seven parts of this article.The first part seeks to introduce and explain the evidence of building criminal reconciliation in trial system. Judging from the current status quo, the pilot practice of criminal reconciliation is concentrated on the prosecution stage of the review,as well as the theory about criminal reconciliation. Criminal reconciliation in trial stage concerns the lack of continuity and further study.The stage of the investigation and review greatly limits the prosecution of criminal cases of reconciliation in the scope of the application system.In particular, there are a number of felony cases with reconciliation factor lacking proper treatment.Therefore there is a need of further study and exploration toward criminal reconciliation in the trial stage.The introduction of criminal reconciliation in the criminal trial system is needed. There are reasons, as follows. First, the introduction of criminal reconciliation in the trial phase can be easily accepted by two parties. Second, the introduction of the criminal reconciliation can further expand the scope of reconciliation.Third, the introduction of criminal reconciliation is in favor of controlling and adjusting the quantity of death in our country,and it is a road of carrying out the policy of killing less and killing carefully.Fourth, the introduction of the criminal reconciliation can further resolve the implementation of criminal cases.The second part of this article from the macro aspect advances that construction of criminal reconciliation at the trial stage should follow five principles.First, the principle of respect for the nation;Second, the principle of fairness and efficiency;Third, the principle of autonomy ;Fourth,the principle of legalization.Five, the principle of the protection of two parties.In order to make criminal reconciliation of our country from the scattered provision to a system.The third part of this article analyses the mission of criminal reconciliation at the trial stage.That is to say criminal felony cases with reconciliation factors apply reconciliation procedures.In accordance with the function of court playing in criminal reconciliation, the main mission of reconciliation can be divided into three parts. First,confirm the reconciliation passively,Second,promote reconciliation actively.Third,confirmed reconciliation commission.The fourth and fifth parts of this article focus on the scope and the condition of application of criminal reconciliation.The criminal reconciliation cases are applied to public prosecution cases with clear victims. As long as cases comply with two applicable conditions of criminal reconciliation,the one is that defendant pleaded guilty to a positive reply,the other is accused persons and victims are both the meaning of voluntary,no matter how the case will be applicable to criminal reconciliation procedures.At the basis of the front five parts, the sixth part of this article study in detail the application procedures of criminal reconciliation.As for the selection of the host at the trial phase,at present, apart from agreeing academics support the people from the private opinion of mediation outside the auspices of the Committee, the author argues, trial judges can be the host in criminal reconciliation.Nevertheless, give both party the right to select the host,two channels, a two-pronged approach,further protect the maximum of effectiveness of the criminal settlement; Second,the operational procedures of criminal reconciliation at trial phase are as follows.First, the judge suggest that the parties apply the proposed two ways to start the reconciliation process in criminal.Second,the court review according to "case screening process" and then decide whether to initiate criminal reconciliation. Third stage of detailed procedure of the criminal reconciliation.After the host preparing work-related job,cases formally entered into the reconciliation process.The accused and the victims communicate face-to-face at the environment provided by the host. After the success of the criminal settlement, a written settlement agreement is formed, signed by both parties to confirm.Be held as important evidence for defendant avoiding penalty or lightening the criminal treatment,criminal settlement is unsuccessful, the notice of criminal reconciliation termination should be timely served on the parties,and the case is transferred to the judicial process in time.Fourth, the effectiveness of the criminal settlementhe judge of trial phase handle the case by confirmed or agreed settled agreement,and give the defendant a lighter sentence.Fifth, the content and the effectiveness of criminal reconciliation agreement.criminal reconciliation agreement includes an apology to victims and the amount of compensation.The victim expressed understanding of the accused, and agreed to waive penalties.As soon as the settlement reconciliation is effective,it is effective on both sides.The parties must carry out the agreement.Without legitimate reason the judiciary may not be free to start interfering in the judicial process.Reconciliation system of the criminal trial stage is the way to restore the damaged relationship without litigation. However,the nature of criminal offenders has not changed.Therefore, the prosecution of such activity must be carried out in a matter of legal supervision and post.Partâ…¦of the article pointed out that as for the criminal cases used reconciliation at the trial phase,prosecution should set up the system of putting on records.Pay attention to strengthen the oversight function to prevent judicial corruption.Finally the conclusion point out criminal reconciliation system may not be perfect.There are some negative effects,but it is intelligent.We want to rationally build a criminal reconciliation system at all stages of criminal proceedings,especially the trial stage which widely apply the criminal reconciliation system.Eventually we can form a pluralistic issue-solving system which is in harmony with the existing criminal justice system.