The Empirical Research On The Parties Reconciliation Procedures

Hunan is one of the provinces which earlier explore the criminal reconciliation system of the procuratorate. Since 2006, the procuratorate in hunan actively promote the parties reconciliation of minor criminal cases,which played a positive role in resolving the contradiction between the parties of the case in a timely manner and promoting the scientific development of criminal, also had achieved good results. The related practices was included in the legislation in March 2012 with the amendment of Criminal Procedure Law. The criminal procedural law revised in January 2013 has been implemented for two years, but there are less article that systematically study in those fields that how is the parties reconciliation system application situation of the judicial organs;what kind of problems and confusion in practice; how to better promote the parties reconciliation of public prosecution procedure function. So it is necessary to carry out a empirical research, in order to providing reference for the related judicial practice.Besides the introduction, the article is divided into three chapters.The second chapter: The operation status of the parties reconciliation procedures hosted by the procuratorate. The author comparatively analyzes the change of the public prosecution procedure of the parties reconciliation before and after the implementation of the new criminal procedure law and the basic data, processing conditions, charge distribution, the stage and the way of the parties reconciliation procedure handling by the procuratorate by the method of empirical research.The third chapter: The problems in operation of the parties reconciliation procedures hosted by the procuratorate. The author reveals and analyzes the problems that restrict the application and development of the parties reconciliation procedures, such as the lack of guide specifications for compensation standards, no operational interpretation on "civil disputes caused",the unknown procedure after one party retracting,insufficient evidence cases non—prosecution for reconciliation and withdrawing the case for the settlement, and the conflict of the work efficiency, social misunderstanding, the unscientific current evaluation mechanism and so on.The fourth chapter: The countermeasures and suggestions for solving public prosecution proceedings operation problems of the parties reconciliation.To solve these problems, combining with the actual procuratorial work the author puts forward that we must further rectifies the status of procuratorate in the reconciliation procedure; From the scientific definition of "civil disputes caused", further clarifying the scope of reconciliation; Moderate respect the principle of autonomy; Further clarify the principle of reconciliation; Grasp the voluntary and legality review; Apply the law strictly; Clarify the dispute in the judicial practice; By further establishing public prosecution procedure mechanism to launch of the parties reconciliation, improve the mechanism of effective connection in the parties reconciliation work and strengthen the operation procedure of supervision mechanism of the parties reconciliation in cases of public prosecution; Promote the public prosecution procedure of the parties reconciliation to implement correctly and effectively.