On The Prosecution Stage Of The Repudiation In Victim-Offender-Reconciliation And Response

Criminal law is a good man and bad guys,good people and sinner charter,but in the history of the development of criminal law,the presumption of innocence,the crime of criminal law,defense theory are emphasizing the human rights of the perpetrators,the interests of the victims in the gradual marginalization,In the context of temper justice with mercy and criminal justice,a kind of victim-centered criminal reform idea is born,this is the criminal reconciliation system.With the development of society,diversification of disputes,the complexity of disputes,criminal reconciliation system also derived new problems.At present,in the judicial practice of criminal reconciliation,the parties have surrendered to the previous settlement agreement for various reasons.Criminal reconciliation usually occurs after the settlement of the settlement agreement,even after the completion of the contents of the agreement.In any case,it means that the efforts made by the relevant national authorities and the parties to reach a settlement agreement will be wasted,involving the stability of the criminal procedure itself and the efficiency of the litigation and the final determination of the criminal liability of the defendant.The This paper takes the retrograde behavior of criminal reconciliation as the main line,takes the practice of procuratorial stage as the starting point,and discusses the status quo,situation and coping scheme of the retrial at the procuring stage according to the following structure.In addition to the introduction and conclusion,there are four chapters:The introductory part summarizes the background of the recurrence of criminal reconciliation,shows the inevitability of the phenomenon,and leads to the necessity of coping.Chapter 1: An overview of the retribution of criminal reconciliation.The understanding of anything must be based on the understanding of its concept,and then understand its nature.The nature of the criminal settlement agreement is the contract,the parties to the criminal reconciliation is the negative effect of the criminal reconciliation agreement,is the content of the criminal reconciliation changes and correction,but also the right of criminal reconciliation and risk prevention and control.Chapter 2: Exploring the advantages and disadvantages of this phenomenon by studying the application of criminal reconciliation.Through the criminal reconciliation,the parties can make further trade-offs about their respective interests,and the subject's status is further improved.However,the kind of behavior is contrary to the principle of good faith,which is contrary to judicial efficiency and is more detrimental to judicial authority.Chapter 3: According to the prosecution practice,analyze the situation and deal with various criminal reconciliation.There is always a reason to exist,or have a legitimate reason,such as: the parties to the fraud or coercion,the agreement after the completion of the situation changes,external pressure;or have no legitimate reasons,such as: the perpetrators without justification,Without any justification to go back(and including any compensation after the retrograde,the case is not closed).Chapter 4: Through the study of criminal reconciliation,it helps the procuratorial organs to apply the law uniformly to such problems and put forward reasonable countermeasures to promote the settlement of the legitimate rights and interests of the parties.I believe that we can establish a reasonable settlement of the compensation system,the establishment of the procuratorial stage of the appropriate reconciliation moderator,attention to the victim's sentencing recommendations,the establishment of criminal reconciliation public censorship system,the victim compensation and relief system And so on to ensure the effective implementation of the criminal settlement agreement system to deal with the problem of criminal reconciliation.Conclusion: whether the criminal settlement agreement can be achieved by the victim and the victim's own interests to measure the results,and the corresponding reconciliation,the prosecution carefully reviewed in order to make a better judicial decision.Reconciliation itself should not be advocated,but blindly prohibit the parties to the settlement agreement put forward,not only does not meet the specific circumstances of judicial practice,but also not conducive to the protection of the legitimate rights and interests of the parties and the fair and equitable treatment of the case,more serious because Legislative and judicial interpretations have not made clear provisions on the issue of criminal reconciliation.The frequent handling of the situation in practice has greatly increased the workload of the public security officers and dampened their enthusiasm and motive for the application of criminal reconciliation procedures.The established criminal reconciliation system will undoubtedly constitute a substantial impact that will,to a large extent,weaken and dissolve the legislators to establish the objectives and objectives of the system.This article through the criminal reconciliation behavior,all kinds of retrogress situation,and how to better deal with in-depth discussion and combing,with a view to the retribution of criminal reconciliation norms advice and suggestions.