An Empirical Study On The Criminal Reconciliation

Since the implementation of the revised Criminal Procedure Law three years ago, the criminal reconciliation system in the judicial practice is worthy of our research and attention. As a county grass-roots society, Dangyang city has used the criminal reconciliation system to solve 100 cases in the past three years. "Dangyang sample" reflects that the Criminal Procedure Law of the People’s Republic of China on the criminal reconciliation system overall design is reasonable and thatthe scope of the provisions is also in line with the objective situation. The criminal reconciliation system is a good solution to the social contradictionsin the cause of civil disputes arising from the crime and criminal negligence. The criminal settlement agreement is a contract in the view of public law. It has the characteristics of the civil contract, and it is subject to the supervision and restriction of the national public power. Both the parties and the public security and judicial organs should be bound by it. From the current system of China’s history and Western countries, the reasonable scope of the "money to buy punishment" is allowed. Only the perpetrator of the crime punishment was significantly lower than that of "improper buying punishment should be banned. The public security and judicial organs should strictly grasp the applicable conditions of sincere repentance ". We should strengthen the guidance of reconciliation cases through the establishment of a reconciliation guidance case system. We should also establish settlement dispute case hearing system, implement the reasoning system in judgment or not to prosecute the reasoning system, strengthen the judicial documents online publicity system to strengthen public supervision on the settlement of the case. In addition, we should expand the public security organ and the judicial departments participation, draw lessons from Anglo American plea bargaining system and the mainland legal system country of plea bargaining system, establish the system of plea bargaining in the criminal reconciliation system that conforms to our national condition, and make these two complement each other to play a criminal cases simplified triage role.