Minor Criminal Cases Commissioned By The People's Mediation System

The mandated people's mediation system in minor criminal cases is a judicial exploration and practice of the criminal policy of alternating leniency with severity by the judicial authority of our state in the background of an era of building a harmonious society. In the process of its enforcement, the judicial authority shall treat the civil damage liability in minor criminal cases in a way of people's mediation, i.e., civilizing the criminal litigation, respecting the intention free of the relevant parties, aiming at resolving social conflicts, protecting the legal interests of aggrieved persons, forcing the injuring persons show penitence honestly and reintegrate into the society, thus reducing the social harmfulness. The mandated people's mediation system in minor criminal cases, as a new type of treatment regime of criminal cases, is not only a development and improvement of the people's mediation system, but also entails significant practical values in the timely settlement of minor criminal cases, increasing litigation efficiency, saving judicial costs, restoring the damaged social relations, maintaining justice and fairness, and improving social harmony. At present, for the reason of lacking of perfect legal regulation, there emerges an opinion of the people's mediation in minor criminal cases in practice equating "buying punishment with money" and problems like inconsistency in legal enforcement, the mediation system faces a certain interruption and obstacles. Therefore, it is urgent to build and improve relevant laws and regulations and an institutional regime to regulate the mandated people's mediation system to let it function well.There are four parts in the article. Part one is minor criminal cases and mediation theories, including a general review of minor criminal case, people's mediation system, and the basic principles of the mandated people's mediation system in minor criminal cases in our state.Part two is the status quo of the mandated people's mediation system in minor criminal cases and its objectives to be achieved. The article introduced the status quo of the mandated people's mediation system in minor criminal cases in our state, expounds the objectives to be achieved in the mandated people's mediation system in minor criminal cases.Part three is the problems existing in the practice of the mandated people's mediation system in minor criminal cases. The author analyses and deliberates the mandated people's mediation system in minor criminal cases and "buying punishment with money", the mandated people's mediation system in minor criminal cases and the principle of presumption of innocence, the scope of application of the mandated people's mediation system in minor criminal cases, and the restriction on its function of the limitations of the existing people's mediation system.Part four is an assumption to improve the mandated people's mediation system in minor criminal cases. It mainly expatiates the condition and procedures of application of the mandated people's mediation system in minor criminal cases and the legal effects of the agreement of the mandated people's mediation system in minor criminal cases. It suggests to build an effective supervising regime, ensuring the openness and fairness of the mandated people's mediation system in minor criminal cases, to consistently improve the professional quality of the mediation personnel, and to further improve the mandated people's mediation system in minor criminal cases in our state.The author believes that the mandated people's mediation system in minor criminal cases is not only an innovation and a development of the people's mediation system in our state, it may also facilitate the timely rehabilitation of the physical losses and mental damages of the aggrieved persons, and the honest showing of penitence of the injuring persons and obtaining the opportunity of reintegrating into the society, realizing a common justice for both the aggrieved persons and criminals.