Investigation And Research Report Of The Criminal Compensation Negotiations In The Procuratorial Organs Of Hunan Province

As a new content added after the revision of the State Compensation Law in2010, the criminal compensation negotiating system serves as a communication platform between the organization with compensatory obligations and the claimant for compensation to participate in the negotiation equally, express the appeals freely, and reach the indemnity agreement voluntarily in the process of settling the criminal compensation disputes. It plays a positive role in establishing an improved criminal compensation system, resolving social conflicts, as well as promoting the social harmony.However, from the perspective of Hunan Province’s judicial practice of the criminal compensation negotiation applied by the procuratorial organ, the proportion of the cases to resolve the criminal compensation disputes by applying negotiation is low because of the over abstraction of the criminal compensation negotiating system regulated by the State Compensation Law and the poor operability, thus leading to the tendency of being artificially idled. The abuse and misuse of negotiation, damage to the interests of both the country as well as the claimant for compensation are standing out because of the lack of the supervisory mechanism for the system designing of compensation negotiation. On the basis of investigation into the compensation negotiating procedures applied by the procuratorial organs of the province to the handling of criminal compensation cases, from the specific perspective of the procuratorial organs’handling of the compensation cases, and in accordance to the23rd Article of the State Compensation Law, this paper puts forward the vision, which aims to regulate the negotiation actions by means of system, of separating the compensation negotiation from the national compensation system to independently establish criminal compensation negotiating system, in specific to the status quo of various problems in the judicial practices caused by the over simplicity of the criminal compensation negotiation regulated at the legislature level, the lack of supervisory mechanism restriction in the process of negotiation. The supervisory mechanism is to be introduced into criminal compensation negotiation. Reliant on people’s supervision system, which has been maturely operated by the procuratorial organs, the negotiation process is to be supervised by people supervisors who have no interests associated with the cases, so as to ensure the openness and transparency of the negotiation process as well as the fairness, justice of the negotiation result; to prevent the compensation respondent or reconsideration organizations from jeopardizing the interests of both the country as well as the claimant for compensation; to define the principle of criminal compensation negotiation, effectively regulate the negotiating actions; and specifically design the negotiation process, guide the compensation respondent organizations on how to unfold negotiations, provide the negotiating regulations, which was previously blanked, as well as regulate the enforcement of the compensation respondent or reconsideration organizations.Through the proposed vision of the establishment of the criminal compensation negotiating system, which is based on the investigation and survey, this paper aims to bring the efficiency of criminal compensation negotiating system into a better play and also to enhance the law enforcement level and capability of procuratorial organs, which is a necessity to the standardization of law enforcement.