Report Of Criminal Reconciliation In First Instance

In2012, the amendment of criminal procedure law added special procedure chapter, which difines the scope of criminal reconciliation system. With the system of criminal reconciliation get into the substantive law in China formally, people begin to put focus on settlement in the case of public prosecution system. Compared with traditional criminal justice system, criminal reconciliation has its advantages on protecting criinal’s interests, promote the social relationship. The application of the inevitable requirement of criminal reconciliation and criminal judicial practice is to build a harmonious socialist society and, the important embodiment of the socialist rule of law concept. As early as2006, the judicial organs around our country began the explore and try on criminal reconciliation, but the limitation of legislation restricted the development speed of the system. As a result, the revised criminal procedure law is undoubtedly provides the conditions for criminal reconciliation system which is widely used. Tai Yuan city, in this case, this article based on three court investigation, contrast the amendment of the influence on the practice, in order to found existing problems and defects in the court of first instance procedure applicable criminal reconciliation system in the in the legislation, draw some feasible Suggestions to perfect the criminal reconciliation system in our country.The thesis includes four parts:First of all, the first part mainly introduces not only the process of empirical research and, through the statistical research of firsthand material for analysis. Includes the purpose of the research method, also use column charts three criminal reconciliation of trial court case comparative analysis of Tai Yuan city, and mainly from three points:the level data, concluding the case type and applicable condition and actual effect three aspects to elaborated.Secondly, conclusion of the article in the first part, discusses the main factors influencing the settlement level of trial. The specific attribute of the case, the social public opinion of criminal reconciliation system, the relationship between the case the parties and the orientation of national policy are all necessary conditions of existing reconciliation system in China.The third part in view of the present conditions about our country in the applicable criminal reconciliation, put forward the author’s thinking about three points:the legislation defects, and the new challenge to the existing system of three aspects.Finally, the last part of the thesis in order to criminal reconciliation system can get better use. It put forward suggestions to the problems existing in the current. Offset legislation defects, including refining the provisions of the criminal reconciliation; Specificating start the subject of criminal reconciliation; Expanding reach way of criminal reconciliation, and discussing the improvement of the system of form a complete set of problem, wish to through the author’s advice to make some contribution for the construction of the criminal reconciliation system of trial.