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Some Thinking About The Application Of Criminal Reconciliation By Procuratorial Organs

Posted on:2015-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhouFull Text:PDF
GTID:2296330467476858Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
It’s the criminal reconciled system for minor criminal cases dealt with non-punishment and light punishment way. The criminal reconciled system constructedin the criminal procedure law of the people’s republic of china revised in2012, fullyembodies multiple pursuit of value in our criminal judicial activities, includingeasing the social relationship and constructing harmonious society, not onlyenhancing the status of the victim but also reflecting the people-oriented value, notonly saving judicial resources but also improving the efficiency of lawsuit. Theconstruction of criminal reconciled system is a significant breakthrough in ourlegislation, and has become a hot topic in China’s judicial theoretical circles. But,some problems existing in the judicial practice need to be improved continuously.Combining the relevant provisions of the modified criminal proceeding law with mywork practice in the criminal reconciled cases, the article discussesthe theoretical and practical foundation of criminal reconciliation, reconciliationprocedures, existing problems and solutions.First of all, studying the meaning of the criminal reconciliation, the criminalreconciliation of procuratouial section is a process means, by which procuratorialorgans make no approval of arrest, non-prosecution, suggest the investigation organto withdraw the case, or advise the court giving the perpetrator a lighter or mitigatedpunishment, on condition that the perpetrator sincerely repents, compensates thevictim, makes an full apology to the victim, restores the victim to reputation, reach asettlement with the victim and gets the victim understanding, which are reviewedand verified by procuratorial organs.In the second part of the article, in view that the relevant procedural provisionsof the criminal procedure law of the people’s republic of china and the people’s procuratorate rules of criminal procedure are still devil in the details, it’scontroversial to apply the criminal reconciled system in practice. According to myown experiences in handling criminal cases, I venture to do some researches on thespecific procedure by that procuratorial organs apply the criminal reconciled system,including the scope of application, the guiding principle, the content of reconciliation,legal supervision and the procuratorial organ’s view on the reconciliation.In the third part of the article, I make some researches on some problem that Ihave found in the specific process of handling criminal reconcilication cases and onhow to solve them. There are seven specific aspects. Firstly, in order to prevent thedisregard of the criminal reconciliation, the case-handling staffers should payattention to the criminal reconciliation procedure from the thought, and think highlyof the role of the criminal reconciliation in constructing the harmonious society,guaranteeing human rights and improving the efficiency of suit. Secondly, for thesake of preventing the abuse of criminal reconciliation, it’s necessary to define thescope of criminal reconciliation cases strictly according to the special procedurestipulated in the fifth part of the new criminal procedure law. Thirdly, the authorityshould strictly censor whether the defendant repent sincerely in order to guardagainst the phenomenon of spending money on punishment. Fourthly, the host of thecriminal reconciliation should persuade victims to put the amount of compensationfrom a practical viewpoint so as to avoid wild speculation. Fifthly, prevent backSixthly besides strengthening legislation, procuratorial organs should strictly reviewthe parties reconciliation so as to guarantee the settlement agreement legal, fair andfeasible., Seventh,in order to prevent corruption in the judiciary, it’s crucial forprocuratorial organs to strengthen the internal supervision and social supervision.During handling the criminal reconcilication cases, procuratorial organs should givefull play to the function of legal supervision and strictly takes charge of casesaccording to the law, so as to achieve fairness and justice.
Keywords/Search Tags:Procuratorial organ, Criminal reconciliation, Procedure, Practice
PDF Full Text Request
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