On The Perfection Of The Civil Litigation Mediation System In Criminal Proceedings

The mediation of civil suit collateral to the criminal refers, in criminal incidental civil action, the People’s Court the parties(or party authorized person) mediation agreement is reached on a voluntary basis in the legal, civil litigation activities to address the issue of compensation. Criminal with civil mediation system is a series of adjustments criminal with civil legal norms in general. Mediation incidental civil action both criminal and civil litigation in the program two procedural in nature, while the entities dealing not only with the defendant’s criminal sentencing related, but also with civil compensation of victims of relevant, with incidental procedural sentencing influence The indirect mediation authority of the results and other features. The theoretical basis of criminal incidental civil lawsuit mediation system include the "precious" cultural heritage, but also "mediation suits" heritage of the border region, but also include "restorative justice theory" transplant reference. Criminal with civil mediation system also has practical significance to maintain social justice, social order and stability, improve judicial efficiency.Criminal with civil mediation system for 30 years, has become a criminal legislation, judicial interpretation, criminal policy, including multi-level system of norms. But the system also has many deficiencies, one fragmented regulatory system, the lack of unity and common crime, the second instance death penalty cases and other provisions have incidental civil mediation in criminal cases of missing particularity; the second is the principle of the provisions of the mediation is not scientific, the performance of the provisions scattered, elements not clear; the third is the Mediator especially chaired mediator, mediation parties assist the conciliator shall not clear; four conciliation procedures are not standardized, mediation and conditions specified start time is not standardized, the results of the effective time of conflict mediation, conciliation time limit is not clear; five is the relationship between compensation and sentencing is not clear, for active compensation and repentance, reparation and an understanding, compensation and other rules leniency weight ambiguous cause doubts and criticism.For the Criminal Supplementary Civil Lawsuit Mediation System should include two levels to improve and perfect the content of the system. Its approach is developed for solving criminal incidental civil mediation system of specialized judicial interpretation- "Criminal Issues incidental civil mediation provisions." On this basis, the scientific design of its legislative content. First, determine the "focus on mediation", "legal mediation", "voluntary mediation" three principles of mediation; the second is clearly host mediation, mediation parties to assist specific connotation and status facilitator; three is to provide start mediation, Mediation limit the effectiveness of mediation and other mediation procedural norms; four is to straighten out the relationship between compensation and sentencing, the judge explicitly prohibits "In tune sentenced pressure" and "sentenced to lure tune" and contrary to the parties on a voluntary approach. For a lighter sentence of magnitude, the amount of compensation should be combined with the ability to compensate the accused and their families, the defendant pleaded guilty, understanding the extent of the victim’s penitential attitude and comprehensive to be determined, not by quantifying the form misleading. Fifth, improve the common criminal cases, cases of second instance, has a system of death penalty cases and other criminal incidental civil mediation particularity requirement.