Research On Alienation Of Criminal Reconciliation In China

In the newly revised Criminal Procedure Law of 2012,criminal reconciliation was stipulated in the form of a special chapter,which marked the formal establishment of the criminal reconciliation system in China.The criminal reconciliation procedure,also referred to as the litigation procedure of the parties in public prosecution,refers to the qualified public prosecution case in the process of criminal proceedings.The injurer(criminal suspect,defendant)sincerely repents and compensates the victim for damages and damages.An apology and other methods are obtained through the voluntary understanding of the victim,the two parties voluntarily reach a settlement,etc.,through the public security and judicial organs to review and preside over the production of the settlement agreement,in accordance with the method of handling the case of the injurer.The criminal reconciliation process alienation refers to the criminal reconciliation procedure established to restore the damaged social relations,promote the return of the perpetrators to the society,and timely compensate the victims.In the case of excessive pursuit of instrumental value or practicality by some groups,the legislation deviates from the legislation.The value and nature of the expected design of the criminal reconciliation process,and in the judicial practice,there is a state of artificially falsifying and evading the specific operational procedures of criminal reconciliation.From the structural level of the criminal reconciliation process,the alienation of the criminal reconciliation process can be divided into internal alienation and external alienation.The internal alienation of the criminal reconciliation procedure means that the criminal reconciliation procedure formulated by the legislators has become something different from oneself in accordance with the will of the legislator.It deviates from the essence and value of the criminal reconciliation process and evolves into a kind and justification.The alien power of the program is incompatible.The concrete manifestations are: the subversion of the essential attributes of the criminal reconciliation process,the imbalance of the fair value,and the self-denial of the benefit value.The external alienation of the criminal reconciliation procedure refers to the reconciliation procedure in the specific operation process,the executor of the procedure artificially violates the original intention of the establishment of the statutory criminal reconciliation procedure for the purpose of serving the other purpose,and the statutory law should be followed in the punishment and dismantling procedure.The order,the steps are falsified,circumvented,and even replaced by the system or practice created by the litigation agency.It is a kind of alienation in the sense of the fact,which is manifested in the abnormality of the scope of application,the falsification of the review process,and the settlement of the settlement.The post-processor is backflushed illegally.The alienation of the criminal reconciliation process is the result of multiple reasons intermingling and working together.First,the lack of procedural culture in the process of reconciliation,the misunderstanding of the boundaries between individual rights and state power;the second is the conflict of legislative objectives of criminal reconciliation,the imperfect procedural norms related to reconciliation,and the lack of convergence between procedural and substantive law norms.Third,there are insufficient mechanisms related to criminal reconciliation.For example,the obstacles to the existing case evaluation system,the lack of supervision mechanisms and state relief mechanisms have led to the occurrence of alienation.To this end,we should correct the wrong legal concept,establish a correct procedural concept,attach importance to the value of reconciliation process,and rationalize the relationship between individual rights and state power in the application of criminal reconciliation;we should improve the relevant legislation of the criminal reconciliation system,reasonably decompose legislative objectives,and criminalize In the procedural law specification,the bottom line is clearly defined,the scope of application is appropriately expanded,the review procedure of the settlement agreement is improved,the power of the public security judicial organ is reasonably allocated,and the substantive law related to the regulation of the procedural law is also required to be improved;To build a legal team,establish a relatively independent case evaluation mechanism,and improve the relevant supervision and control mechanisms and the victim's national compensation system to ensure the correct application of criminal reconciliation.