An Empirical Investigation Of Criminal Reconciliation In Cases Of Serious Injury Caused By Intentional Injury

The application of the criminal reconciliation system in judicial practice deviates from the provisions of the Criminal Procedure Law and related judicial interpretations.Through the method of Peking University,the 235 cases of intentional injury caused by serious crimes in Nanchang City were collected.Among them,124 cases were extended to apply the criminal reconciliation system.The referee violated the principle of legality of crimes and the principle of adaptation of crimes and punishments.The specific problems are as follows: The people's courts lack the regularity and characteristics of the criminal reconciliation system for felony cases.There are cases of confusion in the trial of similar cases;the cases of criminal reconciliation have different effects on sentencing,and the scope of sentencing depends on the freedom of judges.Discretionary power;In the case of a criminal settlement agreement,there is no specific standard for the amount of settlement,and there is a difference in the amount of compensation for similar cases.The amount of settlement depends on the economic conditions and compensation capacity of the victim,and the public has a penalty for the criminal reconciliation system.Query;in some cases,there is a lack of review of the settlement agreement,which is contrary to procedural justice.The root cause of these problems caused by the analysis of the article lies in the shortcomings and shortcomings of the criminal reconciliation system in our country.First,the statutory scope of the criminal reconciliation system is constrained by the conditions of “civil disputes”.The sample cases reflect the feasibility of criminal reconciliation in felony cases.The current law does not meet the actual needs of the criminal reconciliation system.Secondly,there is no criminal reconciliation in the legislation.The method clearly stipulates that there are drawbacks in China's single criminal reconciliation method.The settlement agreement is too dependent on the economic situation of the perpetrators.Finally,the pressure on the judiciary is too large.The trial cases are affected by various subjective and objective factors,and the criminal reconciliation Understanding the deviations and failing to fulfill the obligation of procedural review of the settlement agreement,and China has no corresponding assessment and supervision mechanism.In response to the problems existing in the criminal reconciliation system,relevant suggestions are put forward: Firstly,in the improvement of China's criminal reconciliation system,the scope of application of the criminal reconciliation system should be appropriately expanded,and strictly enforced in judicial practice to avoid recurrence of chaos;diversification of criminal reconciliation methods in China,While leading the way of economic compensation,it pays attention to apology and pays attention to spiritual criminal reconciliation from the perspective of victims.In the establishment of relevant supporting mechanisms,the introduction of social third parties to participate in criminal reconciliation,to alleviate the pressure on the judicial organs;to establish and improve the victim's national compensation system,to ensure the fairness of the application of the criminal reconciliation system;to establish a corresponding criminal reconciliation assessment and supervision mechanism to avoid judicial personnel The abuse of rights and the phenomenon of judicial corruption evaluate the application of the criminal reconciliation system and provide data support and improvement opinions for the continuous improvement of criminal reconciliation.