Studying On Reconciliation System Of Criminal Procedure Of Second Instance

Through in recent years in procedure of second instance in criminal reconciliation commuted case analysis and judge, procedure of second instance in criminal reconciliation and criminal trial although strictly follow the common basic principles, with common criminal policy according to a common legal effect, but from the point of view of judicial practice, procedure of second instance in criminal and solution phase compared to the criminal trial has unique advantages and functions.First, the pattern of criminal reconciliation is different. The mode of procedure of second instance in criminal reconciliation can not only by the parties themselves reconciliation and court presided over the mediation, by the court of second instance of reconciliation agreement for subsequent ratification. Secondly, both parties in the second instance, the rational factor in the second instance. Into the second phase of the criminal trial, the parties have a certain change in the psychological and emotional aspects, the defendant and the victim can make a dialogue on a relatively rational platform, accepting the terms of the two sides, so the criminal settlement reached in this stage is more feasible and operable than the first instance of the criminal. Third, compared with the first instance criminal judgment, the results of the second trial stage of the criminal settlement more in line with the defendant’s psychological expectations. After the first instance made criminal or criminal incidental civil judgment, the defendant of their punishment, the victim to own the amount of compensation has a clear understanding, the victim in the second stage the amount of compensation may become more realistic, willing to reduce their economic compensation; and the defendant wants through economic compensation and other forms of victims to obtain understanding, his repentance and the court can the sentencing to be lighter consider. Finally, criminal reconciliation can to some extent make the trial stage gaps. In the phase of the trial of second instance using reconciliation form can resolve the contradiction between the two sides, team first appeared, timely make up for gaps, timely repair damaged social relations, to settle the case to achieve twice the result with half the effort.There are the same basic principles in the criminal first instance and the second instance, which have the same legal policy basis, but the criminal reconciliation in the second trial stage has a more unique value basis than the first instance, and it has a more full value orientation. Second, the criminal second trial and the settlement of the victim’s interests protection as the core concept, to make up for the traditional criminal justice system to the victim’s neglect, further improve the victim in the whole procedure of litigation status, and through the criminal reconciliation to urge the defendant to recognize their own behavior, and actively reform, so as to resolve the contradiction between the two sides, is conducive to the restoration of damaged social relations. The system of the second instance of the criminal trial is to maintain the balance of the value of the victim, the defendant and the social relationship in the macro frame of the criminal justice, and to promote the justice of criminal justice. The criminal law not only requires the value orientation of fair justice, but also the efficiency value of the criminal procedure. The criminal trial of second instance can achieve the efficiency of the case, which is conducive to the rapid settlement of the case, the second instance court settlement can reasonably dispose of the judicial resources, effectively alleviate the pressure of the prison department.The author selected the 2012-- year 2014 city procuratorate branch of the criminal appeal cases were recruited situation, from the point of view of the data, the increasing number of the total number of procedure of second instance in criminal reconciliation cases, commuted proportion increases, procedure of second instance in criminal reconciliation cases type relatively fixed. The amendment of the criminal procedure law on the application of criminal reconciliation and the scope of the case, although the provisions of the law, but did not explicitly specify the stages of criminal proceedings and the use of criminal proceedings. However, the implementation and operation of any legal act should be supported by the corresponding legal basis, the judicial interpretation of the new criminal procedure law is only a list of the criminal reconciliation in the first instance, the investigation, prosecution, trial and so on.First, the type of the second instance of the Criminal Court of second instance is not clear. I believe that in the criminal second trial stage can expand the scope of criminal reconciliation cases. The defendant sincere repentance, active to the victim in the criminal reconciliation. At the same time, the victim voluntarily accept the reconciliation of the defendant requests, true forgiveness of the defendant’s conduct of the premise, in the second instance in criminal reconciliation can be appropriate to expand the types of crime, such as intentional injury causing serious injury, disturb other charges, moderately relaxed criminal reconciliation applicable sentence length, from the perspective of benefit of the defendant transformation and the victim rights relief, promote the further use of the procedure of second instance in criminal reconciliation. Secondly, the procedure of the second instance of the second instance is not clear. As the judicial organ, the procuratorate and the court shall comply with the law and act in accordance with the law, and in a timely manner, in accordance with the law, in accordance with the law, in the course of the second trial and settlement of the criminal procedure. For the procuratorate, court of criminal reconciliation mode, for the application of the criminal reconciliation cases, prosecutors can inform its criminal reconciliationconditions arraignment in the accused person, can put forward the criminal reconciliation request to the victim, to obtain the understanding of victims, to be further reflected in the sentencing; for the defendant and the victim expressed their willingness to reach criminal reconciliation, procuratorial organs should be the case back to the trial court, the trial court and the defendant and the families of the victims to contact the organization, the parties reconciliation; for the entrusted people’s mediation committee and three party organizations and procuratorial organs shall examine the second instance, the people’s mediation Committee qualification, coordinated operation mechanism and the court the people’s mediation committee, the formation of effective supervision, people’s Mediation Committee for criminal reconciliation in the legal, compliance conditions, and effectively protect the legitimate rights and interests of the defendant and the victim is not damaged.The system of the second instance of the Criminal Court of second instance has the legitimacy, but also has some disadvantages. On the one hand, the court of second instance, the court of second instance, has a certain impact on the authority of the court. On the other hand, the legal effect of the second instance court is easy to make the wrong understanding of the social public. In the author’s opinion, the judicial authorities should comply with the direction of the reform of the criminal procedure, change the traditional ideas in time, and not just the data as the basis and standard of judicial justice. In judicial practice, can timely expansion of the procedure of second instance in criminal reconciliation, in addition to the economic compensation can also be combined with the defendant and the actual situation of repentance, the timely introduction of national compensation mechanism, seek more criminal liability form, for minor criminal cases to criminal reconciliation but no compensation ability of the defendant, can take the provision of community labor and other forms of constraints, reduce the defendant for criminal judgment not public misunderstanding and resentment, relatively fair and equal to guarantee the defendant shall enjoy the rights and interests of the. The basis of procedure of second instance in criminal reconciliation requires not only the defendant to economic compensation to compensate the victim’s loss, more important is understanding requires defendant honestly make a statement of repentance and the victim from the bottom of my heart, more attention should be paid to when things on both sides of the true feelings.Procuratorial organs take the responsibility of national public prosecution and legal supervision, in the process of carrying out the criminal second trial, it is not only to reflect the punishment of crime, realize the punishment education and compulsory, but also to resolve disputes, resolve conflicts, adjust the restoration of social relations, the law effect, social effect, political effect of organic unity. First, the procuratorial organs should protect the interests of the victims as the main point, to achieve public welfare. No matter what the criminal reconciliation mode, should be in the interests of the victim for the first, give full play to the function of legal supervision, in the pursuit of social justice, to achieve the purpose of penalty is based on the objectives, focus on the protection of the legitimate rights and interests of victims, and maximize the victim litigation interests consistent, not only resolve the contradiction between the defendant with the victim, more effectively resolve the victims due to the defendant’s judicial organs have given a lighter penalty of distrust and the judicial question, makes the victim more spiritual compensation in the material compensation at the same time, the victim can be re socialization, strengthen the judicial sense of trust, do criminal reconciliation the best interests of the. Second, the procuratorial organs in the criminal trial of second instance in the settlement should be to punish crime and education to save the unity. Procuratorial organs as the national prosecuting authority, in the name of the state of crime of negative evaluation, make the victim for the defendant’s right to prosecute is realized. The procuratorial organs should choose their own role correctly, and play the supervision function of the law, and ensure the justice of the law. Under the guidance of the criminal justice policy, the procuratorial organs should not act as the host of criminal reconciliation, but also protect the rights of the accused, and fully exercise the rights of the victim and the victim’s legal consequences, and fully respect the true intention of the parties, and ensure their legal rights. The procuratorial organs in the criminal procedure of second instance should establish the criminal reconciliation cases of second instance to review the work mechanism, communication and coordination mechanism, supervision and inspection mechanism, fully protect the parties to achieve their own aspirations, the damaged social relations can be restored, thus ensuring a good social effect of the criminal trial of second instance.The trial of the second instance of the second instance is composed of three parties, the court, the procuratorial organ and the defendant. Similarly, the court in the second instance of the system of criminal justice should be based on the defendant and the victim reached a criminal settlement agreement, to make an objective final judgment. Since the court and the procuratorial organs in the criminal proceedings in a different position and role, so its role in the Criminal Court of second instance, the role should be differentiated. Court in the second instance in the Criminal Court of second instance, the court of second instance can initiate the conciliation procedure, but should be more neutral.