Study On Criminal Reconciliation Protocol Of Public-prosecuting Case

The settlement agreement of indictable criminal cases are the reflect what criminal case is, the criminal settlement agreement has the essential spiritual essence of contract, that is subjectivity and equality, consensus and integrity, exchange and reciprocity. Autonomous space and dialogue platform in indictable criminal is the best soil where the settlement agreement of criminal cases is bred. in the view of contract to explore the settlement agreement of Indictable criminal cases, we can see that the concept of contract has seeped into the settlement agreement of criminal from the beginning of the fragmentation to the current state of the real, the settlement agreement of criminal of contract Criminal shows some areas:the dialogue mode between the perpetrators and the victims; the criminal reconciliation to handle mainly private interest; the interests of the exchange of criminal reconciliation.The settlement agreement of criminal based on the contract homemade has the characteristics of diversity. for one thing, criminal lawsuit settlement behavior is indictable, if someone who has promised the settlement agreement of criminal, he need depend on it, Leaving the support of criminal proceedings settlement agreement will not produce any desired effect. for another thing, the criminal settlement agreement is a public law contract. Criminal settlement agreement with contractual autonomy, equality and exchange of interests and so on also need conform to the national will, in addition to undertaking general civil compensation function, it need play the role where criminal penalties is roll out properly.Conclusion of the criminal settlement agreement needs to observe the following principles:the principle of equality and voluntary, the principle of legality, the principle of honesty and trustworthiness, the principle of prohibition of abuse of rights, victim rights protection principles, the principle of full protection. Criminal settlement agreement protocol to the nature of contract, On the macro, it has the function that deals with disputes completely, and protects the interests of the victim and the perpetrator and the public interest, and repairs the relationship of the parties concernedParticipants in the criminal settlement agreement is basic factors that command if criminal settlement agreement is legal and effective, The parties concerned of criminal settlement agreement concludes victim and inflictor, or the natural person or unit. National judiciary has the responsibilities to safeguard the public interest, National judiciary should be a timely reminder whether the criminal settlement can be coordinated or not, it also reviews the legality of the criminal settlement agreement and support to promote the smooth development of the criminal settlement. Others including other private mediator, people’s mediation committees and lawyers are not constrained by the specific effect of the criminal settlement agreement; however, they have important influence in reaching a criminal settlement agreementContent of the criminal settlement agreement is the core factor of contract. It includes legal matters and autonomous matters, legal matters refer to some matters imposed by law in the criminal settlement agreement, it can not be changed by the parties concerned, For example, the case facts, the apply of law, the establishment of relief of guilt and so on. autonomous matters mainly refer to reparation, including compensation for physical and mental damages of consensus reached by the parties of a binding legal effect of the two parties, without going through statutory subject matter, the parties shall be arbitrarily go back. Comments on the desirability of the criminal settlement of compensation, the state judiciary should be given respect and protection, and can not interference. At the same time, the diversification of compensation to meet different needs of victims Criminal settlement agreement is the result where the public interest and the public interests participant in game, it should find an appropriate balance between the protection of the interests of party autonomy and the public interest.The legal effect of the criminal settlement agreement based on nature of contract includes public matters and private matters, Private law effect and public law effect in criminal settlement agreement keep smooth in the appearance of conflict, Private law effect refers to the effects it occurs based on behavior of the parties concerned, the effect of public law that is subject to criminal legal regulations, in accordance with the law occurred effects. Depending on the effectiveness of the scope of the legal effect of the criminal settlement agreement is divided into external and internal validity effect. External validity of the criminal settlement agreement that it has mandatory to the third person other than the parties concerned. External validity of the settlement agreement is the result of expansion of agreement. Internal validity refers to force to the parties concerned in criminal settlement agreement of the contract and effect of law. Criminal settlement agreement as contractual compliance, the parties are not free to go back, or breach of contract. However, in some special cases, the parties may be conditionally allowed to go back. Depending on the behavior of the parties to go back on the source of the fault, the fault type can be divided into parties to go back and go back on a third-party fault type.The legal form of a variety of features, such as warning function, filtration function. Criminal legal form of the settlement agreement that is the criminal settlement agreement, its purpose is to safeguard the interests of the parties and to protect the public interest. Criminal legal settlement agreement is essential to Criminal settlement agreement. Criminal settlement agreement should be issued and written by the judiciary in order to ensure its authority. Depending on the legal effect of the criminal settlement agreement can be divided into two categories. A class that is enacted by the People’s Procurator ate, will produce the effect of the agreement that is not prosecuted. A class that is enacted by the People’s Court will produce a lighter or mitigated punishment even free to punishment.