On The Litigant Reconciliation Procedure Of Criminal Procedure

With the implementation of the revised Criminal Procedure Law, the exploration ofChinese criminal reconciliation practice has been clearly defined as a section "prosecutionprocedure of public cases where settlement has been done by parties " in the law and startedimplementation in judicial practice. Legislators considered prudential legislation, soprosecution procedure of public cases where settlement has been done by parties in therevised Criminal Procedure Law is very simple. It consists of only three legal provisions onapplicable conditions, case scope, the formation and legal effect of settlement agreement.Although "Liang Gao Yi Bu" has developed relatively refined and operational requirementsfor the procedure, there are still some legal problems, such as lack of considerations, conflictsand gaps in the implementation of reconciliation system. Those problems lies specifically inthe lack of basic principles applicable for reconciliation, vagueness of applicable conditions,no detail functions for judicial institutions in public security, lack of variety of thereconciliation content and manner, and conflict to the consequences of reconciliation. If theseproblems are not resolved, it will fail the intention of reconciliation system, bring the judicialpractice department confusion and dilemma, and affect the law enforcement.Starting from the interpretation of legal provisions on prosecution procedure of publiccases where settlement has been done by parties, focusing on relative stipulations in therevised Criminal Procedure Law, the Supreme Law "applicable explanation <People’sRepublic of China Criminal Procedure>"(hereinafter referred to as "Gao Fa Jie Shi"),Supreme Procuratorate "People’s Procuratorate rules of criminal procedure"(hereinafterreferred to as "Gao Jian Gui Ze"), Ministry of Public Security " procedural requirements ofthe public security dealing with criminal cases"(hereinafter referred to as the "Gong An BuGui Din"), this thesis analyzes conflicts among the provisions above, that of legal texts andjudicial practice, and missing of major issues. Combining judicial practice, useful judicialexplorations all around and successful experience of restorative judicial measures abroad, itmakes legislation suggestions to ensure effective implementation of the party reconciliationsystem.