The Study On Approaches On Criminal Reconciliation Applied In Slight Injury Case

Slight injury case is a kind of common criminal case in judicial practice,which has always been at occupy large proportion in the form of crime.Handling such cases properly is conducive to the stability of social order in China.At present,both the criminal procedure law and the local regulatory documents provision the approaches after the parties have reached a settlement in these cases.In judicial practice,the public security organs,prosecution organs and people's courts according to those provisions to deal with the slight injury cases.In the view of the type of cases,the handling cases stipulated in the criminal procedure law neglect this kind of cases' character that the victim have right to sue to the public security organ or bring a suit in a people's court,have a waste of judicial resources,contrary to the purpose of criminal reconciliation purpose.Some local regulatory documents violate the provisions of the criminal procedure law on processing mode and lead to conflict between legislation and judicature.In order to find the proper approaches to deal this kind of cases,I present that we should draw lessons from the treatment in a case of private prosecution.That is,if the victim give up of prosecution,public security will have right to withdraw the case,prosecutors have right to not prosecute the people's court and the court end the procedure.This approach is appropriate,because it conforms to the slight of the characteristics of injury cases,the purpose of criminal reconciliation,the spirit of punishment tolerance and the rule of application in tap,protects the interests of criminal suspects or defendants,realize unification between legislation and judicature.Finally,the author proposed to regulate the handling of minor injury cases in procedure law after the criminal reconciliation,and to establish and improve the corresponding supervision measures.