Criminal Private Prosecution Cases Reconciliation, Mediation

Private prosecution is initiated to the People's court by the victim or their legal representatives or near relatives. There are many countries in the world which keep provisions on criminal private prosecution. By contrast with public prosecution, private prosecution has a lot of characters, in which the most important is the private prosecutor may conclude a settlement with the accused or withdraw the private prosecution before a judgement is pronounced. The people's court may conclude mediation in case of private prosecution. Settlement and mediation are to handle minor crimes through civil not criminal methods. Since the Criminal Procedure Law was revised and put into practice in 1996, though there are perfections in provisions of private prosecution, there are many problems that need solving.Besides the preface, this thesis could be divided into four parts.Part Ⅰ is a general introduction about criminal private prosecution settlement and mediation, including the concept, differences and similarities, historical evaluation, theoretical fundamentals and merits. In private prosecution, settlement is an agreement which arrives at through each other's making concession or compromising. While mediation presided by court is also an agreement, the private prosecutor raises a claim about personal and property rights hurt by the accused. The private prosecutor and the accused consult voluntarily, and then they arrive at an agreement. The court doesn't find out the accuser's criminal responsibility any longer. First, the author analyzes the characters of criminal private prosecution which is different from public prosecution in prosecution subject, operation mechanisms and handling principles. The difference between settlement and mediation is whether judge participates in, flexibility and the effect of agreements.Our country has advocated harmony, and the history of settlement and mediation is very long. During Anti-Japan -War and Liberation-War,...