The Improvement Of The Theory Of Trial Criminal Reconciliation System

This article mainly research the settlement by the parties (can also be called criminal reconciliation) in the case of public prosecution in the trial practice, the application because of the limitation of paper length and depth, the author will determine the scope of practice research for the study of criminal reconciliation in yanbian area of trial practice. The author embarks from the theory, the first chapter expounds the overview of criminal reconciliation, the second chapter on the analysis of the specific content of trial criminal reconciliation at the same time puts forward the defects of legislation of criminal reconciliation, the third chapter focuses on the author’s survey data were analyzed, and the applicable problems put forward in the practice of criminal reconciliation trial, the author in the fourth chapter the deficiency of legislation and practice of criminal reconciliation trial stage puts forward some Suggestions. The following specific look at the main content of this article.In the introduction, the author made clear the purpose of this study and the research significance, namely the author to understand practice in the court of first instance using the situation of the criminal reconciliation, through the investigation and study found that the problem and propose solutions; Clarifies the author’s research scope is the reconciliation of public prosecution, the parties in the application of the yanbian region court of first instance; Illustrates the predecessors’research present situation and the insufficiency, and then shows that based on the empirical research method is given priority to, supplemented by the methods of comparative study, chart analysis. For later discussion.Any research is based on the concept of clearly defined, the first chapter is the first clear concept of criminal reconciliation, the criminal reconciliation is mainly the offenders have the victim’s understanding through various ways, and thus a settlement agreement through criminal and civil treatment result of effects on the final outcome of the case. And then classify the criminal reconciliation with similar concepts, namely the criminal reconciliation is different from settle, variable speed and restorative justice. And then the author from the overall Angle of the criminal law system, analysis of the criminal reconciliation in the status and role, and how to make the legality of the criminal reconciliation and criminal law, adapted for phase equilibrium, and how to coordinated with criminal incidental civil system of criminal procedure law.In the second chapter the author mainly studies the criminal reconciliation in trial stage, the legislation content, and analysis of the defects in the legislation of criminal reconciliation. Including the provisions of the legislation content mainly includes the conditions of criminal reconciliation, divided into conformity and prohibitive conditions; Criminal reconciliation, including the criminal reconciliation in the trial phase of a method, involves the subject and form requirements and contents of the settlement agreement; The effectiveness of the settlement problem, such as the effectiveness of the criminal reconciliation review and reconciliation to perform and retract, settlement agreement takes effect after the treatment, etc. Through the analysis the legislation, the author found that there are no rules in the legislation of criminal reconciliation as a special program of criminal reconciliation deadline and compensation scope and standards, these deficiencies hinder the application of criminal reconciliation in practice.In the third chapter, the author through the practice research of data integration, the summary, summarized and analysis, put forward the problems in practice. The third chapter first according to the requirements of statistical analyses the research sample and description. Illustrates the author in the process of investigation and research selected yanji court as the cause of yanbian area of samples, and correction method. Represented by the court of yanji city, and through the interview the other five city two county judge to confirm whether the acquired data is representative, on the one hand, to improve the feasibility of investigation and study, on the other hand to ensure the data analysis results have no cracks in nature. Then enter the data analysis and found that the problem of empirical contents. The author first analyzes the data in the criminal reconciliation starts, which embodies the application of the criminal reconciliation is not wide, the magistrate to criminal reconciliation out of the statutory conditions and ’surrender’,’armed’, such as judicial habit, greatly limit the application of the criminal reconciliation; In the criminal reconciliation applies data analysis, reflected the criminal reconciliation applies case processing results and the oneness of oneness, one of law case type less at the root of the problem; Other criminal reconciliation deal with single result shows the law of criminal reconciliation has alternative treatment, the judge discretion to avoid applicable criminal reconciliation deal with cases.The author in chapter 4 of the above theoretical and practical problem are proposed. First overall in legislation should increase the role of judicial interpretation to guide practice, clearly the duration of the criminal reconciliation, the provisions of the criminal reconciliation compensation range or standard; Followed by trial practice special program is put forward to correct criminal reconciliation as sentencing plot applicable error, secondly on expanding our scope of cases of criminal reconciliation; Last and eventually to change the judge’s judicial philosophy, increase the application of the criminal reconciliation, increase social role as an intermediary between the settlement at the same time, through legislative, judicial and social help increase the criminal reconciliation in practice us.