Study On The Identification And Treatment Of Criminal Reconciliation Estoppel

The core essence of public prosecution misdemeanor cases criminal reconciliation procedure is balanced because the public prosecution defects of criminal procedure excessive emphasis on national interests while ignoring the interests of victims,restore the damaged social relations,in the apology to the victims,perpetrators of an assumption that error and the payment of economic compensation under the victim's understanding,to obtain criminal relief responsibility,criminal reconciliation system to maintain the stability of law,preventing crimes and maintaining social stability,has an important positive significance to build a harmonious society.In order to ensure that the criminal reconciliation system can achieve the purpose of the system design intention,effectively resolve disputes,alleviate the contradiction between the offender and the victim,how to ensure the fulfillment of criminal reconciliation agreement has become China's current criminal litigation system should first improve the problem.While in the performance of one of the most common problems in the criminal reconciliation system influence process,is to go back.Criminal reconciliation estoppel is a complicated problem,which involves not only how to treat the legal attributes of our existing system of criminal reconciliation reconciliation agreement issues,and criminal reconciliation regret regret because of different reasons,how to lead in the coordination of the offender and victim between interests,and safeguard the public interest problem becomes more complex.To solve the criminal reconciliation regret how to recognize the legal attribute,the first problem to be solved is how to treat the criminal reconciliation agreement,at present academic circles dispute,divided into civil law contract,double attribute of public law contract and said,how to treat the criminal reconciliation agreement in the procedure of criminal reconciliation in the role of the relationship between and the validity of contract and the criminal law,determines the legal attribute of criminal reconciliation agreement attribution.The author thinks that the criminal reconciliation agreement shall take civil contract,taking cognizance basis of criminal reconciliation agreement is civil contract,it can produce the criminal reconciliation estoppel effect types,criminal reconciliation estoppel type and processing methods to make a distinction.Finally,in addition to the existing provisions of the criminal reconciliation system to make settlement back the consequences of the perfection of criminal reconciliation system,prevent the reversal,promote the fulfillment rate of criminal reconciliation agreement,their suggestions on the treatment methods and results of the proposed improvement of criminal reconciliation.