The Empirical Research On Criminal Reconciliation System Of The Second Stage

After the 2012 criminal procedure law and the introduction of relevant judicial interpretations were issued, the Criminal settlement system was established formally. However, how is the influence of institutionalized criminal reconciliation in the future? Which side should be improved? The author attempts to make a thorough and systematical inquiry into criminal settlement system, However, this paper does not intend to investigate and survey all the issues involved in each stage of the criminal settlement, but only the application of the second trial phase of the study. The article is divided into four sections:The first part has introduced details of the second trial stage of the criminal settlement that applied to. Analysis of the material and data that obtained by the author, the current applicable cases are rare. But across the country, the numbers of it is still impressive, and more and more. The case is mainly applicable to the intentional injury, traffic accidents, cause trouble and so. The presider are comprised of court, litigants themselves reconciliation and a small percentage of the prosecutors presided reconciliation. In addition, to the altered decision with a very high mortality rate up to 80% case, the courts tend to change the original free short-term punishment for non-custodial sentence, or exempted from criminal punishment directly.The second part analyzes the application effect of the criminal reconciliation of the secon d instance. For the victims, it lets them participate in the second trial process, ensuring their m ain status of the proceedings. For the defendant, it provides them with the last chance of lenie nt punishment; it improves the probability of commutation after the reconciliation, and more d efendant will so early return to society. In the repair of social relations, reconciliations started or hosted by the intermediate people's court or the intermediate people's court for settlement a re of higher success rate and better effect. In saving the social resources, specific terms of imp risonment of the defendant will reduce or exempt, reducing the cost of implementation, savin g a lot of judicial resources; parties' satisfaction to the end result is high, most of them resort n o more to appeal or petition, reducing the cost of relevant departments for maintaining the sta bilization.The third section summarizes the practice problems that the second trial stages of criminal reconciliation has faced. First, the scope of the new provisions of the Criminal Procedure Law, has limited the application of space reconciliation of second instance greatly. Second, it's lack of the legal guarantees. Third, after the verdict of the first instance reconciliation, we face more intense query about “buy for punishment”. Fourth, if reconciliation is blocked or delayed for various reasons, that will increase the workload of the judge, and reduced the work efficiency. Fifth, the main presiders are court investigators, and the not have to face the supervision of trial, it's difficult to get an effective regulation with their discretionary power.The fourth part has suggested the second trial stage of criminal reconciliation. First, we should broaden the scope of application of criminal reconciliation gradually. I think that the legislation can open the sort of heavier negligence criminal and other types of crime. Second, improve the system security. Mainly develop the local normative documents, standardize the specific operating procedures. Third, changing social attitudes. To strengthen reconciliation part referee reasoning; if necessary, establish the hearing process of major cases of criminal reconciliation. Fourth, improve the efficiency of settlement. We have to do well in the preparation work, and pay more attention to the process of reconciliation. Fifth, establish relevant assessments and assessment mechanism. On the one hand, we must pay attention to pre-sentence assessment. On the other hand is to assess and track settlement judge of handle cases. Sixth, strength external oversight. The most important thing is to implement the supervise right of prosecutors, make them supervise relevant work specifically.