Applicable Study On Criminal Reconciliation In Felony

Criminal reconciliation system studied in this paper is essentially a way to solve criminal disputes and aims at repairing social relations which are destructed by the crime and the originally harmonious relationship between the offender and the victim.Its steps should be through a special mediation organ to mediate and a directly face-to-face communication and negotiation by the offender and the victim.After the two sides reach an understanding agreement and actually perform,the specialized state organs no longer investigate,or give the offender a lesser punishment for his criminal responsibility.On March 14,2012,the meeting of the 11 th National People's Congress passed newly established chapter "the settlement proceedings in the case of public prosecution" and expressly stipulated criminal reconciliation with three articles of law which meant legal basis and support for applicability of criminal reconciliation system in petty cases.In recent years,it has become a hot topic in criminal law theory and practice of our country.Criminal reconciliation system has great value and significance,while on the premise of no clear legal basis,the fact that the criminal reconciliation system has been applied to a felony case in many areas has also caused academic concern and the attention of people.This paper in the present context of combining punishment with leniency,taking the Yang robbery for example,discusses and analyzes the application problems of criminal reconciliation in felony cases.This paper is divided into four parts from the structure:The first part,which leads to the case,analyses the cause of action,introduces case details and combs the controversial focus of the case decision according to the result of the court's decision.The second part analyses the related legal issues of the case.Firstly,it discusses whether it would be in violation of the three basis principles of criminal law for referee court then to apply criminal reconciliation to the robbery homicide on the premise of no legal basis.Secondly,it analyses the relationship between criminal reconciliation system and commutation on account of compensation.The third part carries out further legal analysis of the applicability of criminal reconciliation system in felonies through this case.It firstly introduces the value of applicability of criminal reconciliation system in felonies.Then it introduces applicable condition of criminal reconciliation system both in civil law countries and common law countries and it finally introduces practice situations of criminal reconciliation system in our country.The fourth part represents the improvement advice of applicability of criminal reconciliation system in felonies.It further represents legislation suggestions of criminal reconciliation system in felonies on the basis of legal rationality of it in petty cases.Then it discusses the guarantee mechanism of applying criminal reconciliation system to felonies from the perspective of the parties and it finally proposes to establish and improve the legal supervision mechanism including the supervision in and outside the judicial system.