| Criminal reconciliation mainly exists in the course of criminal proceedings.After a criminal reconciliation has been reached between the victim and the criminal suspect,the criminal suspect can no longer be held criminally responsible or the criminal responsibility can be mitigated according to the specific circumstances of the case.Criminal reconciliation as an active criminal justice exploration is clearly defined in article 277 of the Code of Criminal Procedure,which formally recognizes the status of criminal reconciliation in law.Criminal reconciliation can effectively eliminate all kinds of disadvantages brought about by traditional penalty handling,which is of great significance for improving judicial efficiency,reducing judicial costs,and promoting social harmony and stability.At present,criminal reconciliation has been actively applied in some specific cases,and has achieved the expected social and legal results.It has been well received by the public.This article starts from the criminal reconciliation system,aiming at the difficulties and problems encountered in the actual work,and explores the introduction of the criminal reconciliation system into the disposal of prison criminals 're-crime cases,in order to hope to surpass the traditional methods of dealing with criminal crimes in prison.With the increasing number of prisoners and the worsening of the composition of prisoners in the current JS province,the rate of violations of discipline in prison has been rising,and the crime rate in prison has also increased to a certain extent,which is reflected in the increasing number of injuries.This has brought great dangers to the security of the prison's supervision.The prison incident rate Gaoye did not meet the public's expectations of the prison.In the context of the security concept put forward by the ministry of justice,how to properly handle all kinds of criminal re-crimes in prison,achieve the continuous security and stability of prison reform order,and reduce the rate of cases in prison,which also put forward a new research topic for the prison management department.Injuries cases in a specific place such as prison determine that the consequences of injury cases are minor and controllable,and generally do not cause very serious consequences(serious injuries and above).(c)Explore the application of criminal reconciliation to cases of re-offending in prison,in the context of the criminal reconciliation system provided for in article 277 of the Code of Criminal Procedure,adopt appropriate procedures for the proper handling of cases of re-offending in prison,and effectively reduce the rate of re-offending in prison through the efforts of all parties;We will raise the level of security and safety in prisons so that the public has more trust in and expectations of prisons.This article starts with the typical case of re-offending in prison and tries to analyze the active exploration and some outstanding problems in the application of criminal reconciliation for crimes committed by prisoners in JS province from the current situation of the case in prison.It also makes rational thinking and exploration on further improving the application of criminal reconciliation in criminal cases in prison.In order to better study the application of criminal reconciliation to crimes committed by prisoners in the province of JS,this paper mainly starts from the following four parts: First,taking the typical case of JS province in the past five years as a clue,the basic situation of criminal reconciliation for crimes committed by criminals in prison is analyzed.It is pointed out that at present,criminal reconciliation of criminals in the JS prison is mainly investigated by the prison itself.After the investigation is completed,it is determined whether criminal reconciliation is applicable.On this basis,the paper analyzes the current situation of criminal reconciliation in the case of crimes committed by criminals in the JS prison,and analyzes the proportion of scientific cases through the interpretation of typical cases.Noting that the current low rate of application of criminal reconciliation in cases of crimes committed in prison by prisoners in the JS prison is inconsistent with the legislative intent of the criminal reconciliation system established by article 277 of the Code of Criminal Procedure,It also further limits the positive role that the criminal reconciliation system should play in dealing with cases of recidivism in prison,and lays a solid foundation for subsequent research.Then,combined with the previous analysis,the problems in the application of criminal reconciliation to criminal crimes committed in prison have been derived,and it is pointed out that the applicable legal norms of criminal reconciliation have certain limitations.Including the application of a relatively single type of case,criminal reconciliation can cause uneven penalties,and at the same time clearly pointed out that the two parties involved in the matter have a weakening of the status of the subject,the absence of specialized agencies and the irregularities in practice.In particular,the rational problem of criminal reconciliation and the gap between the rich and the poor may lead to the inequality of penalties.Finally,a systematic analysis of the state of criminal reconciliation in JS province was carried out.Based on the humility of the criminal law,"The principle of humility(also known as the principle of necessity),one of the three major concepts of modern criminal law,was first proposed by Japanese scholars.Humility refers to reduction or compression.The humility of the criminal law,also known as the economy or frugality of the criminal law,means that legislators should strive to obtain the greatest social benefits with the least expenditure--less use or even no use of penalties(and use other penalties instead of measures)--and effectively prevent and resist crime." The Fourth Plenary Session of the 18 th CPC Central Committee made major decisions on comprehensively governing the country according to law,in which the dispute resolution mechanism proposed: "Improving the mechanism for preventing and resolving social contradictions and disputes.We will improve the multi-dimensional dispute resolution mechanisms,such as mediation,arbitration,administrative adjudication,administrative reconsideration and litigation,which are organically coherent and coordinated." This means that there is a clear progressive level requirement for the mediation and resolution of contradictions and disputes from the overall situation of the party and the country.As far as criminal justice is concerned,criminals who commit crimes once again in prison must not violate the principle of legality and punishment and adhere to the policy of education and rescue as far as possible,on the basis of full consideration of their consistent performance of transformation,the nature of the crime,subjective malice,harmful results and the will of the victims.The application of criminal reconciliation to minor cases of recidivism in prison is in line with the policy orientation of the Party and the State.It is proposed that the scope of application of criminal reconciliation should be further expanded,and that the subject status of both parties involved should be fully guaranteed.If the conditions are met,we should have the obligation to inform both parties concerned so that they understand their interests and fully guarantee the parties 'right to know and their right to independent choice.In order to make their own independent judgment and choice.The provincial prison administration department has set up a special agency at the level of the prison administration.It is proposed that the deputy director of the prison administration in charge of supervision and reform work serve as the director of the committee,and widely includes well-known University law professors,prison police officers,social lawyers,local people's Congresses,and members of the CPPCC.Establish a long-term and effective pre-prevention and control mechanism,do a good job in crime prevention in prison,and reduce the incidence of crimes in prison;(b)Establish a mechanism for intervening in the mediation process for the medium term,and initiate mediation procedures in criminal cases that have occurred in prisons and that meet the conditions for criminal mediation;Establish a post-investigation mechanism to ensure that the rights and interests of all parties involved in the case are effectively maintained.The effective operation of the normative institutions ensures that criminal reconciliation is applied to criminal re-offending cases in prison to achieve legal results and the organic unity of social effects,and "harmless justice" is achieved. |
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