Investigation And Study On The Status Quo Of Criminal Reconciliation In The Process Of Examination And Prosecution

In 2012,China's Law of Criminal Procedure was revised,which formally stipulated the criminal reconciliation system,and added the litigation procedure of the parties' reconciliation in public prosecution cases in the special procedure.As a new dispute resolution mechanism in criminal cases,victim protection is the core value of criminal reconciliation system.The criminal reconciliation system focuses on making up for the infringement caused by criminal acts and restoring the damaged social relations.However,we should not only examine the criminal reconciliation system from the perspective of legislation,but also observe the practical problems faced by the criminal reconciliation system from the perspective of practice.This paper takes the application of criminal reconciliation system in the process of review and prosecution as the breakthrough point,through the on-the-spot investigation of L City People's Procuratorate and interviews with the staff,explores the problems faced by L City People's Procuratorate in the process of review and prosecution from 2018 to 2020,analyzes the reasons for the problems,and puts forward targeted suggestions for improvement.In addition to the introduction,the text includes the following four chapters:The first chapter introduces the basic situation of the investigation of criminal reconciliation in the process of examination and prosecution of L City People's Procuratorate.This part first explains the reasons for choosing L City People's Procuratorate as the research site.For example,the population density of L City is relatively high,and thetotal number of annual cases handled by the people's Procuratorate of L City is in the first rank among the grass-roots people's procuratorates in the province.The contradiction between "more cases and less people" is particularly obvious.Therefore,it is easier to find out the system's representative and typical problems in the process of actual operation by choosing this researching site,and then state the process and methods of the researchThe second chapter summarizes and analyzes the survey data and interviews of criminal reconciliation in the process of examination and prosecution of L City People's Procuratorate.The author intuitively reflects the application of the criminal reconciliation system in the process of examination and prosecution by the people's Procuratorate of L City in the form of chart.These contents include the applicable number of criminal reconciliation cases in the process of review and prosecution,the applicable types of cases,the starting mode of reconciliation procedure,the content of reconciliation agreement,the amount of compensation obtained by the victim through reconciliation,etc.at the wane time,this paper summarizes the applicable effect of criminal reconciliation in the process of review and prosecution of L City People's Procuratorate.The third chapter is the analysis of the problems and causes of criminal reconciliation in the process of examination and prosecution of L City People's Procuratorate.After sorting out the application of criminal reconciliation in the process of review and prosecution of L City People's Procuratorate,the author found the following problems:the application rate of criminal reconciliation in the process of review and prosecution is not high;the procuratorial organ presides over criminal reconciliation improperly;the content and method of reconciliation agreement are single,the amount of compensation for reconciliation is lack of specific standards;there problems in the way of handlmg cases after reconciliation;there are some problems in the case handling On the other hand,the discretion of the procuratorial organ is too large,and there is the phenomenon of estoppel after reconciliation.The author further analyzes the causes of these problems and finds that the multiple reasons in legislation and practical operation lead to various deficiencies in the criminal reconciliation system's application to the process of examining prosecution.The fourth chapter puts forward some specific suggestions for the specific problems arising from the application of criminal reconciliation in the process of examination and prosecution of L City People's Procuratorate.It includes various measures to improve the application of criminal reconciliation cases in the process of review and prosecution,to improve the criminal reconciliation mode in the process of review and prosecution through the participation of lawyers in the process of mediation,to promote the diversification of the content of the settlement agreement by means of clear installment payment,to unify the economic compensation standard of criminal reconciliation cases,and to establish the mechanism of Estoppel in the process of review and prosecution.