Studies On The Implementation Of The Criminal Reconciliation Agreement

Procedure of the Criminal Reconciliation focuses more on the compensation for the victimsand the reparation for the social relations damaged by the criminal behaviors, victims give theirforgiveness to offenders because of offenders’ sincere regrets as well as offenders try to make upvictims’ lost by their compensations. It plays an very important role for the restoration of thejustice as well as the promotion of the relationship between the offenders and the victims.The Criminal Reconciliation agreement is the core of the Criminal Reconciliation System, itis the basic of the Criminal Reconciliation System. How to implement the CriminalReconciliation agreement is very important, so, the implementation of the CriminalReconciliation agreement is the key of the Criminal Reconciliation System.It is a real problem of the actual performance of the Criminal Reconciliation agreement.Although our country related judicial interpretations put restricts on the stage performance of theCriminal Reconciliation agreement, but the author think that China should allow the stageperformance of the Criminal Reconciliation agreement by taking the present law and theapplication of the principle of equality into consideration. By analyzing from the angle of civillaw, the author think that Criminal Reconciliation agreement is a civil contract, and defined itseffectiveness according to the characteristics of the civil contract and the relevant legalprovisions, and put views on how to ensure the stage performance of the Criminal Reconciliationagreement.Discussing the performance of the Criminal Reconciliation agreement have to attachimportance to is the rescission problems. For the sake of keeping the stability of the prosecution,the author analyzed the possible rescission situations from the different angles of the offendersand the victims, and also analyzed the disposes of judicial organs. Finally, in order to ensure thevoluntary of the offenders and the victims, the author put views on how to guarantee theperformance of the Criminal Reconciliation agreement.