The Perfection Of Chinese Criminal Reconciliation Procedure

Criminal reconciliation procedure is the case after entering the criminal proceedings incriminal cases in compliance with applicable conditions of the criminal settlement, theperpetrators and the victims or their close relatives, the two sides negotiated for damagesincurred due to crime, victimization side to repentance, apology, damages and other ways toget the understanding of victims, victim ’s request or consent of the offender law leniency,the two sides reached a settlement in criminal proceedings, the results of the nationaljudiciary to be recognized for its settlement, while its purpose is to make harm who suspectsget Mitigation penalty to some extent, on the other hand allow victims timely andcomprehensive access to the material, spiritual comfort and compensation, more important ismake normal social order is restored damaged. The latest " People’s Republic of ChinaCriminal Procedure Law," the first time in the criminal law confirmed the settlement process,making criminal reconciliation process in China has been officially formalized. However, asa new program, and its more general provisions, many of the specific systems should berequired, for example, although the legal recognition of the criminal settlement proceduresapplicable to detection, investigation and prosecution, the three stages of the trial, such as,but not for distinguish three phases of the convergence mechanism described in detail. Inaddition, startup programs, operation mechanism, execution, monitoring mechanisms,mechanisms sentencing phase of the trial did not achieve a clear and specific, which makes itbecome difficult to implement in practice, the lack of guidelines. This paper attempts withinthe framework of existing laws, were to proceed in three stages from the investigation stage,the prosecution stage, trial phase, etc., on the one hand and the convergence mechanismdescribed contact between the stage and the stage, on the other hand, respectively, for eachstage improve the criminal reconciliation procedure with Chinese characteristics, startingfrom several aspects, body, running, implementation, monitoring and so on.