Prosecution Parties To The Case Study Of Litigation Settlement Procedures

The newly revised "Code of Criminal Procedure" provides indictment Proceedings party reconciliation and reconciliation circumstances, the settlement agreement and the effectiveness of an express provision, formally included in the scope of a criminal indictment case reconciliation. The parties to the settlement of the indictment proceedings of the case to the new Code of Criminal Procedure of the program, which will not only give years of criminal trial over the birthright of reconciliation with the law, but also for the future reconciliation indictable criminal cases provide a legal basis.The new Criminal Procedure Law stipulates the related parties reconciliation procedure in the public prosecution case, including the situations 、reconciliation agreement and the effectiveness of agreement,thus officially making criminal reconciliation part of the public prosecution. By making criminal reconciliation new part of the public prosecution procedure, this not only legitimates the long trial of criminal reconciliation in all parts of the country, but also provides a legal basis for the criminal reconciliation in cases of public prosecution.Firstly, this paper analyzes the scope and its trend of development of the criminal reconciliation procedure in the public prosecution procedure in China, through the description of the basic theory of the criminal reconciliation in the public prosecution system, secondly this paper analyzes the status of the related parties reconciliation procedure in the public prosecution case in China, the advantages and disadvantages, then brings up problems of the criminal reconciliation in the public prosecution system in China,such as the abstract law、narrow applicability, the limitation of subject, and the single ways of settlement, the imperfect supervision mechanism, lack of supporting measures and other defects. Finally, this paper puts forward reasonable measures, according to the problems faced by the program in the public prosecution cases in our country.such as the revision of specific provisions and the introduction of judicial interpretations, appropriate expansion of the public prosecution reconciliation, the introduction of social forces for the parties in the case of public prosecution system, to set up diversified settlement methods and the perfection of legal supervision of the public prosecution reconciliation. In the supporting measures: to entrust the community correction organizations to assist in reconciliation of public prosecution procedure, to revise the criminal law, and establish the victim compensation system.