Research Of Criminal Reconciliation Agreement Under The Perspective Of Evidence Law

As the establishing of criminal reconciliation system in our country's criminal procedure law,the criminal reconciliation agreement has been widely used in judicial practice.According to its application in our country's judicial practice,it is not hard to find that the criminal reconciliation agreement has been used as a kind of evidence.But to different with the application in our country's judicial practice,the criminal reconciliation agreement has not been as an evidence in our country's legislation.There are also few research on the criminal reconciliation agreement's evidence attribution and the rules of how to be used as a kind of evidence.As the congenital deficiency of legislation and theory,it is confused for us to use the criminal reconciliation agreement as a evidence in the judicial practice.This kind of situation caused a lot of problems in the judicial practice,such as non-standard and breaking the law.Basic on the current problems of the criminal reconciliation agreement's legislation,practice and theory,this paper prepares to analyze and define the criminal reconciliation agreement's evidence attribution under the perspective of evidence law and to research its rule of applying.The first part of this paper is an overview of the criminal settlement agreement.This part's main content is a specific introduction of criminal reconciliation agreement's concept,legal attribute and characteristics for us to know its definition in our country's theory.And then to analyze its legislation,for the purposes to find the problems of the legislation.The second part is about the disputes in the criminal reconciliation agreement's theory and the practicing situation.To understand the criminal reconciliation agreement,it is need to comprehensive view of its theory and to analyze the disagreements.The disagreements about the criminal reconciliation agreement focus on its property under the contract nature,type of its legal effect and its effect on the criminal.According to these disagreements,there is still a big research space on the criminal reconciliation agreement's evidence attribution.The criminal reconciliation agreement's evidence attribution is come from its use as a kind of evidence in judicial practice,this use has experienced a process of exploration,development,the role conversion and the formation,all these things are very meaningful to explore the existence form of the criminal reconciliation agreement in criminal procedure law.But there are also many problems in our country's judicial practice,such as do not have a unified agreement stated,do not take the examination and approval procedures,using non-standard agreement evidence and so on.The third part is to analyze and define the evidence attribution of criminal reconciliation agreement.This part will explain why criminal reconciliation agreement itself could be an evidence in the evidence law by analyze its formation process and substantive characteristics under the the perspective of Evidence law.Further more,to make it clear that the criminal reconciliation agreement could be defined as a sentencing evidence and its evidence attribution does not conflict with its contract attribution.The forth part is to explore the rules of how to use the criminal reconciliation agreement as an evidence from four aspects: collecting evidence,quotation,credibility's identifying,probative force of proof's consideration.Then,I will synthesize the former three parts and elaborate my viewpoints about how to set up and improve the rules of how to use the criminal reconciliation agreement as an evidence.