Concerning The Death Penalty Cases Criminal Reconciliation Program Regulation

Criminal reconciliation mainly applied in a case of private prosecution, minor criminal cases and minor criminal case. The west also have introduced state success will criminal reconciliation criminal cases of serious crime. In China, the death penalty policy adjustment and traditional ideas, lead to suit the conflicts between frequently occurred, to the judicial organ especially judicial organs bringing enormous pressure to the majesty of the law, also brings negative effect.A death penalty case applicable criminal reconciliation originated in a death penalty case deal with the difficulties. A death penalty case applicable criminal reconciliation has its justification, be helpful for resolving the defense antagonism with murder square, to construct harmonious society, also accord with criminal policy of "tempering justice with mercy" spirit connotation, and in death penalty cases in the applicable criminal reconciliation consistent with the concept of restorative justice, strengthen the protection of victims’rights, and can effectively reduce the death penalty, improving judicial efficiency, conform to the international development trend. But ordinary people to a death penalty case applicable criminal reconciliation acceptance of low, investigate its reason, main is a death penalty case criminal reconciliation program not norms. In judicial practice procedural justice has overlooked value, and the program can’t do justice, is assurance not lawful rights and interests of the parties also assurance not entity justice. Therefore, should according to requirements of procedural justice, the design gives equality, participation, consultation, justice criminal reconciliation program on a death penalty case applicable criminal reconciliation resources. In constructing a death penalty case criminal reconciliation program process, should have meet the basic elements of procedure justice, namely should have program participation and the referee neutrality, program equivalence sex, procedure of the timeliness, program final elements. Construction of a death penalty case criminal reconciliation program should include the victim-offender mediation’s scope, criminal reconciliation mentioned, the rights and obligations of the victim-offender mediation, the mediation of the victim-offender mediation inform, criminal reconciliation agreement, criminal reconciliation agreement for the confirmation, criminal reconciliation, the influence of the sentencing the execution of criminal reconciliation agreement, criminal reconciliation aspects of relief the content. Criminal reconciliation to the specific procedures shall be clear:the applicable scope of the victim-offender mediation, criminal reconciliation brought only by the parties, the court shall perform criminal reconciliation rights and obligations of the obligation to inform, conditional should entrust a third party to undertake criminal reconciliation, the court shall review the mediation of the criminal reconciliation agreement content, to meet the conditions of the recognized, and the formation of the defendant’s discretionary given circumstances, whether treated lightly should be integrated full case plots to consider, and urged criminal reconciliation agreement get real execution, also give parties criminal reconciliation of anomie remedy.Death penalty cases criminal reconciliation of the procedures, not only can get the parties regulations of justice, also can obtain evaluation of ordinary people, guarantee the justice evaluation the realization of the entity fairness, a death penalty case applicable criminal reconciliation will also get more good legal effect and social effect.