The Game Theory Analysis And Improvement Of Criminal Reconciliation System In Trial Stage

The criminal procedure law of2012introduces the criminal reconciliation system andtakes it as an important system. The new criminal procedure law makes specificprovisions about the parties can make criminal reconciliation in which cases andcircumstances, but lacks clear rules of the specific operation procedure of criminalreconciliation system, which leads to the applicable criminal reconciliation system has alot of confusion in the stages of investigation, prosecution and trial, and even affectsthe function and effect of the system should be. Specific to the trial stage, because of theproblems of criminal reconciliation,such as vague standards,ambiguous rules and so on,the result of the application of criminal reconciliation from the situation of the judicialpractice of criminal reconciliation in the stages of trial has a huge contrast to thecriminal litigation waiting for, the judges in the application of the criminal reconciliationsystem present various of problems, for instance, false reconciliation, taking money forpunishment, the judicial credibility, the subjectivity losing,and so on.To further improve the system and have the system play the positive roles, thispaper uses the Game theory which is a convincing theoretical analysis tool, introduces theGame theory to analysis and perspective the criminal reconciliation system in the trialstage at present, and proposes the the thought and the specific path of the criminalreconciliation system in trial stage. I hope that the circles of theory and practice will paymore attention to the criminal reconciliation system and this paper will benefit the judicialpractice of criminal reconciliation in our country.