Research Report On A District People’s Court In Guiyang City, The Imposition Of Criminal Reconciliation System

Criminal reconciliation which is a convenient and feasible way by comprehensive consideration of the various conditions to end the lawsuit with a kind of fair voluntary premise saves the cost and realizes the aim of the judicial system to restore social relations. Criminal reconciliation has been used in judicial circle nearly10years. But indomestic theory research and practice, criminal reconciliation is "wishful thought" asa kind of established system. It obviously comes short of facts that criminal reconciliation is still in the construction phase. As an important part of the procedural law, wemust research the natural form of criminal reconciliation by the practice way. This article investigates, analyzes and argues operation mode and affection of criminal reconciliation system. Compare with the latest draft legislation and theoretical research, looking for natural state of criminal reconciliation, and on this foundation proposed consummated criminal reconciliation the opinion and the suggestion.This article take the form of a research report with contains preface, text, endnotes three parts. The body parts have four chapters, a total of about30000words.The first part of the text is introduced the basic situation of the criminalreconciliation in district People’s Court. First of all, because of strong parties intend and widely involving interests, the three principles—voluntary, legal and publicinterests protection must be kept. Secondly, the scope of accepting cases of criminalreconciliation limit the minor criminal cases and certain criminal types in case of easyto reconciliation, repair relations and make-up the damage in practice. The caseswhich are harming national security and organized crime are excluded from the scopeof reconciliation. According to the survey, due to lack of clear and unified legal norms,criminal reconciliation process has no strict regulations. Respectively Speaking, ahigh chance to execution, completion and satisfaction is the intuitionist reflection.The second part of the main text analysis practice achievement of criminalreconciliation in district court.First of all, because of prefer to the repair socialrelations than punished, the reconciliation would promote destructed relationsrepairing in a gentle way. It was beneficial material compensation to the victims.Secondly, without the court proceedings optimize the allocation of resources and savethe cost. Simplified case program while improving judicial efficiency. In addition,another advantage of reconciliation: made the wrongdoer better reintegrate intosociety and the parties can also get better spirit compensate by communication.The third article mainly discusses the difficulties of practice in the districtcourt.Due to the lack of relevant laws and in conforms to rules, the judicial authorityhas been tanked by arbitrariness operation. it appears a variety of problems in reconciliation program, such as the unsure position of court, unable to perform orperformance agreement incompletely, difficult to communication between the parties.These are common practice problem in criminal reconciliation.The article puts forward some suggestions to perfect our country’s criminalreconciliation in the fourth part. Have certain legal, the process of principles could bestrictly observed.Therefore, to guarantee system unity and flexibility in nationwide,formulate the highest standard and adjust measures to local conditions everywhere incomplying of AI law. We should define the case scope and the agreement of criminalreconciliation to provide clear guidance. Finally, assisted with strict supervisionprocedure to criminal reconciliation. Only if play to the criminal procedure andrelated mechanism, the criminal reconciliation program carry out strictly and therelevant system can be perfect. Enrich our country’s criminal procedure and legalprocess to ensure the harmonious society smoothly construction.