Study On Basic Problems Of Victim-Offender-Reconciliation

March14,2012, the fifth meeting of the Eleventh National People’s Congress adopted the Decision of the National People’s Congress on Amending the Criminal Procedure Law of the People’s Republic of China,Code of Criminal Proceduresince1979, the second important modification. The modification involves a wide range of content, very compelling provisions of Part V special procedures to reconcile the parties in a case of public prosecution proceedings, commonly known as victim-offender-reconciliation.November5,2012, the Judicial Committee of the Supreme People’s Court, adopted at the1559meeting of the Supreme People’s Court on the interpretation of the Application of the Criminal Procedure Law of the People’s Republic of China(hereinafter referred to as the interpretation), of which twenty-first chapter of ten that a provision of victim-offender-reconciliation applicable conditions and procedures for a detailed explanation. Criminal settlement system with a clear legal basis for the application of victim-offender-reconciliation from this sense of the word, a unified standard judicial practice in the application of the victim-offender-reconciliation.These three provisions of the Criminal Reconciliation System in China since2001as the introduction of the doctrine of the past10years the sector pilot experiments and legal circles of the judicial practice through participation in the judicial practice research, academic research provides theoretical support for the product.This paper attempts to the latest legal requirements based on a number of basic problems of the criminal settlement system, and a combination of theory and judicial practice, the law to expand the discussion, evaluation and recommendations, in addition to the introduction and conclusion, is divided into four parts,a total of about two thousand words.The first part of the criminal settlement system overview, including the origin and development in the West, in our practice and exploration, combined with the latest laws and regulations to understand and define the concept of criminal reconciliation. Start from the concept on the specific operation of the practice guidetines.The second part of the combination of the new situation calls for reform of the criminal justice discussed to establish the legitimacy of the criminal settlement system basis. From three areas of the country, the defendant and the victim of the changes in the pattern of the criminal proceedings. The necessity to establish by the criminal settlement system from the criminal policy, the market economy and the relationship of the criminal settlement.The third part is reviewed in detail the provisions of the new Criminal Procedure Code of Criminal Reconciliation System. The manner and content of the conditions of application and scope of the main settlement, reconciliation, reconciliation of legal consequences. Additional discussion on controversial section does not provide for the theory and practice.Part IV for the deficiencies of the new Code of Criminal Procedure Criminal Reconciliation System requirements put forward reasonable proposals to further improve the law and relevant judicial interpretations. To establish the criminal settlement system supporting mechanisms to strengthen the review and supervision of the criminal settlement system applies.In short, the new Code of Criminal Procedure based on China’s national conditions, summed up the results of the reform of the judicial practice, based on both theory and practice as the basis, carefully set up a case of public prosecution proceedings reconcile the parties. Practice has proved that closed in the form of reconciliation of the parties, to better safeguard the rights of victims, which deal with social conflicts, lower the cost of justice case things, promote social harmony. The establishment of the program helps victims receive timely adequate compensation, is conducive to the implementation of the criminal policy of combining punishment with leniency, timely and effective help to resolve social conflicts, and fit the international trend of restorative justice. But should be clearly recognized that the new law there is also a certain lack of understanding and interpretation of the law and judicial practice operation there are still some gray area. At the same time, supporting criminal reconciliation mechanism needs further the establishment and improvement, in order to maximize the effectiveness of the criminal settlement system.