Study On The Lawsuit Procedure Of The Reconciliation Of The Litigants In The Public Prosecution Case

Under the guidance of the criminal policy of combining punishment with leniency, the theoretical exploration and practice which exist in the cases of public prosecution of criminal reconciliation have already become a heated issue in the academic and judicial practice of China’s Criminal Law department. Specific provisions made by the judiciary to guide judicial practice on criminal reconciliation mirrors the transformation of Criminal reconciliation which was ever a purely theoretical concept or a judicial philosophy. It is revealed in the form of legal documents. Based on the provisions of the existing Code of Criminal Procedure and the case of public prosecution proceedings on the reconciliation between the parties, and carried on the detailed analysis and related question research, this paper tries to improve the practical skill of the judiciary staff, who often lack the explanatory power and status quo in dealing with cases. It also aims at offering a help to the majority of judicial workers which will deepen the knowledge of the spirit of criminal reconciliation, correct the understanding of the Code of Criminal Procedure and its judicial interpretation on the provisions of criminal settlement, and accurate the application of criminal reconciliation in the process of handling cases.The current Code of Criminal Procedure has limited the ranges of the case of public prosecution reconciliation. In addition, considering the nature of the criminal cases, criminal subjective vicious criminal acts violate the law. reconciliation procedures were also applied by the cause of action and the legal punishment of restrictions in practice; firstly."Criminal facts are clear, there is ample evidence" is the premise of the settlement procedure applies. However, the criminal reconciliation ultimate are not intended to protect the realization of the right penalty. The standard to proof the facts is different from the ordinary proceedings. Secondly, the action of the offender which means pleading guilty to repentance, apology and getting the understanding form victims is a vital condition of the settlement procedure applied. And how to confirm the reconciliation behavior is the key to review the criminal reconciliation, with the premise of the free will of the parties. Thirdly, Besides, the settlement reached by the two sides requires the presence of a common purpose to repair the damaged relation. So only focused on the issue of compensation. reconciliation shouldn’t be conducted. Firstly. Public security organs do not have the entity right to dispose of cases the applications of criminal reconciliation. This can be done by expanding the discretion of the public security authority to settle the case, to prevent the violation of legal procedures when dealing with cases; secondly. Because the probability is very low that Procuratorial organs relative to the use of criminal reconciliation decision not to prosecute. By the relaxation of applicable conditions and simplifying procedures, the goal can be achieved to improve the relatively non-prosecution of the application of space; thirdly. The discretion of reconciliation episodic should reach to the content statutory on the trial stage."Leniency" sentencing standards should be refined and elaborated. Thereby, it increases the predictability of the legal consequences of criminal reconciliation. Unified court sentencing standards, reduce the chance of spending money on criminal suspects.Before the start of the reconciliation process, the judiciary can introduce evaluation mechanism criminal reconciliation legality, feasibility, and criminal dangerousness of the person included in the scope of assessment. This conforms to the settlement conditions of judicial organs which shall inform the parties that they have the right to apply for settlement; the parties also shall enjoy the right of reconciliation to boot; firstly, Negotiation in the judicial practice mode is mainly presided over the settlement of the judiciary. Prone to role conflict, both of prosecution and trial and Mediation dual functions of the judiciary should improve the people’s mediation mechanism to promote the criminal mediation team embarked on the road of professionalism. Secondly. Expanding the range of the participants in consultation process and increasing the lawyers involved contribute to the improvement of the quality and efficiency of criminal reconciliation. Furthermore, to avoid criminal reconciliation of alienation due to the settlement of a single purpose,measures should be taken, such as limiting the contents of a negotiated settlement and creating innovative ways to negotiate a settlement; firstly, Also, it is to improve the judiciary review confirmation criminal reconciliation, to improve the accuracy of the Criminal Reconciliation voluntary review. At the same time, the supervision of pre-trial confirmation process should be strengthened. Secondly,The contents of the settlement agreement are the disposition of the criminal disputes involving civil rights and interests. The settlement agreement confirmed by the judicial authorities review the effective time can be determined based on the relevant provisions of the civil law; firstly, Compensation should be performed in the way of immediate principle to fulfill. To perform a case-by-case basis, a flexible way should be adopted with the consent of the victim, and the accreditation review by the judiciary. Secondly. Treated defects refused to fulfill the objective cannot fulfill the different situations difference due to the presence of meaning in the performance of their issue.Expand the scope of the case of public prosecution reconciliation program in felony cases, death penalty cases. There is still a space of the application of criminal reconciliation. Criminal Reconciliation can be treated as a criminal policy throughout all criminal cases; Strengthen the supervision of the pre-trial stage of criminal reconciliation, to prevent the abuse of power by the internal supervision and power constraints;Creating a mediator qualification system, optimizing the criminal mediation team and creating a mediation host avoidance system, this is to ensure the independence and neutrality of the mediator. Build criminal reconciliation hearing system, so as to make the case review process open and transparent.Through the research on the parties of the public prosecution procedure rules of the theory analysis and practice of the operation, it realize the institutionalization and standardization of criminal reconciliation work, being in favor of the theory of criminal reconciliation timely follow-up, Meanwhile, it is of great significance to the implementation of the criminal policy of temper justice with mercy and the construction of a harmonious socialist society.