The Settlement Proceedings In The Case Of Public Prosecution

The settlement proceedings in the case of public prosecution is to construct a socialist harmonious society in our country and the principles of restorative justice in the context of universal relevance in the world.On the basis of summarizing the criminal reconciliation pilot precious experience for many years,On March 14,2012 at the National People's Congress standing committee passed the amendment to the criminal procedure law in the new special program to be formally established.With the policy of "criminal procedure law" amendment, The supreme people's court, the supreme people's procuratorate and the ministry of public security issued one after another ?Interpretation of the Supreme People's Court on the application of<the criminal procedure law of People's Republic of China>???The people's procuratorate criminal procedure rules (trial)???The ministry of public security criminal procedure rules?,Elaboration and added Scope of application of Settlement procedures? reached a settlement of the concrete way?the public security organs and judicial organs make reconciliation agreement related content and the handling of the offender and the victim after reached a settlement way, etc.The author focuses on the criminal procedure law to implement three years party settlement proceedings in the case of public prosecution in the judicial practice in the specific operation,for G province by using the method of empirical study in four province, the basic people's court and the people's procuratorate at the same level in almost three years for the parties to the settlement procedure of more than 600 cases.respectively from the applicable scope of case?settlement way?the protagonist of the settlement?reconciliation settlement procedures in the view of legal effect of different operation conditions is analyzed,through the author's analysis,Find out the reconciliation process there are many problems in the judicial practice,just like the scope too narrow?a bit of a single settlement way and reconciliation to highlight effect,etc. Investigate its reason,the main reason is that the parties and the notion of law enforcement personnel wrong?the reconciliation procedure legislation is not perfect in our country?law enforcement agencies, law enforcement is not strict and mechanism is not sound, etc.In order to exert the judicial value of reconciliation procedure for maintaining social stability, improve judicial efficiency, is in line with the international trend,for the parties to settle the real problems facing the program,according to our country's judicial practice,the author thinks that shall by enlarging applicable case charges, narrow the scope of the exemplary terms to enlarge the case scope of reconciliation procedure by the parties,through standard settlement mode, enriching the content of the settlement agreement to build a diversified way of settlement, and Perfect the supervision mechanism and supporting mechanism to build a perfect public prosecution procedure settlement by the maximizes the settlement by the parties in building a harmonious socialist society public prosecution procedure in resolving social contradictions.