Prosecution Case Study Of A Settlement Agreement

Criminal Reconciliation System is a timeless system,the traditional concept of justice is broken-Victimology emerged,scholars have made a criminal settlement system for deeper study,practitioners also conducted extensive pilot.Although the new Criminal Procedure Law revised some aspects of the criminal settlement made with the relevant provisions,with a certain degree of rationality,but any one of the systems have relative.From a legal point of view of modern law is an evolving process.Therefore,careful study is not detailed enough to see some provisions,some not scientific,especially for criminal reconciliation legislation more critical issue of criminal provisions of the settlement agreement is more thin,resulting in judicial practice problems abound.Such as the nature and effect of the settlement agreement how to identify? How to determine the amount of compensation is reasonable,in order to avoid "redeeming money" ? After a settlement agreement,Installment how the estoppel should be recognized and how to deal with? The willingness of reconciliation,but limited their ability offender unable to pay the amount,whether the state should establish criminal damage compensation system? Instant fulfillment performance period and how it should be understood? How should the criminal settlement body good grasp of their role? And other issues.New "Code of Criminal Procedure," 277 to 279 pairs indictment reconciliation parties to the case made simple rules,judicial interpretation of the supreme law in the first 490 to 506,Supreme Procuratorate rule in section 501 to 522 also made a further provision.But a careful reading of these provisions is not difficult to find in a complex judicial practice it seems a little stretched.This review focuses on the criminal settlement in the most critical part-the criminal settlement agreement to expand the discussion.From the nature and effectiveness of the criminal settlement agreement to expand Analysis,and then on how to conduct a review of the criminal settlement agreement,and to present their views and the program from the entity.Then the question of implementation of the settlement agreement in a criminal way and go back and fulfill Executive Force further described.Finally,on the subject of criminal reconciliation and fulfillment in reaching a settlement agreement role in how expounded his views.Criminal settlement agreement is the basis for the criminal reconciliation system running criminal reconciliation procedure is the key,and only fully grasp the criminal settlement agreement before they can make criminal settlement system is widely used,the effect of playing it back,it can make the legal effects,social effects achieve combined organic.