On The Related Problems Of Criminal Reconciliation

Before the criminal procedure law revision in 2012, our country had been discussing the various aspects of the system of criminal reconciliation in the theory,meanwhile the local judicial institution made all kinds of rules to regulate how to applicate criminal reconciliation, and the supreme people’s court issued some death cases about criminal reconciliation’s application. The 2012 criminal procedural law and the following judical interpretations norm the criminal reconciliation, but there are still some problems in practice.This article, through three cases,discusses how to perfect the system of criminal settlement in our country by questioning, analyzing and solving problems.This paper, besides introduction and conclusion, is divided into three parts, a total of more than twenty thousand words.The first part of this paper selects three typical cases about criminal reconciliation, respectively, introducing the detail of the case, the court’s decision and presenting some questions of criminal reconciliation host, regretting of criminal reconciliation of the parties,and the scope of the criminal reconciliation application’s cases.The second part analyses the questions mentioned by the cases. On the issue of the host of the criminal reconciliation, the author mainly analysis it from the the basic conditions that host should have in the criminal reconciliation, different theory views about who should run the criminal reconciliation, the pros and cons of different subjects as the host, the pros and cons of the people’s conciliation committee served as host. On the problem of regretting about the settlement, the author analyses the causes of the client regretting and the judicial decisions for different regretting reasons.On the questions about the scope of application of the criminal reconciliation cases, the author discusses the differences of academia views on the scope of criminal reconciliation cases, feasibility analysis of felony cases applicable criminal reconciliation, the scope of cases that should not apply criminal reconciliation.The third part is the cases’ inspiration. On the issue of the host of criminal reconciliation, the author thinks that we should improve the law of criminal reconciliation procedure and the people’s mediation system. On the problems of regretting for the parties, the author thinks that we can improve it through the establishment of the country compensation system, implement force, punishing the parties of threating others and setting up the criminal reconciliation system For the criminal reconciliation case’s scope, the author thinks that we should perfect the law in the range of criminal reconciliation, set up a security system, and the legislative and judicial practice to be unified.