Empirical Research On The Difficult Problems In The Case Of The Secured Transaction Contract-in (2013) Min Ti Zi No. 135 As An Analysis Case

As a treatment method of criminal cases,criminal reconciliation was clarified in the law.However,it was only mentioned by a principled overview,as a result,there is no unified regulation on how to apply criminal reconciliation to specific criminal cases.Procuratorial organs have made many contributions to promoting the criminal reconciliation system,and those successful cases they have accomplished have reference meaning to make a unified regulation.In procuratorates of B city,problems are obvious in the application of criminal reconciliation system,the author tried to come up with some feasible legal advice for those common problems,in order to provide reference for the formation of the operating guidelines in the future.Apart from the Introduction and the Conclusion,this paper is composed of four parts.The introduction briefly states the status in quo of the studies made by Chinese scholars on the criminal reconciliation system,summarizing applications and issues of the system.The first part of the dissertation profiles the application of the criminal reconciliation system by Chinese procuratorates,focusing on the value,connotation and requirements of the system.Meanwhile,the author also makes a lucid analysis of the role that procuratorates played in the process of applying the criminal reconciliation system.The second part of the dissertation tells the basic circumstance of the application of the criminal reconciliation system in the procuratorates of B city.On the base of tabulate data on cases of criminal reconciliation undertook by several procuratorates of different districts,this part makes a multi-analysis on the application of the criminal reconciliation system,which contains the proportion,type,phase,results,and the scope of cases,and the start of the program,operation process and way of settlement.The third part of the thesis points out problems existing in the judicial practice of the application of the criminal reconciliation system in the procuratorates of B city.Firstly,the scope of cases which criminal reconciliation system can apply to is restricted.Secondly,the examination on the settlement agreement is inexhaustive.Thirdly,the pattern of settlement is not diversified.In addition,there is not any concrete standard on compensation and the penitents can’t afford the compensation.Moreover,repudiation and abuse on reconciliation are also universal.So,the author comes up with some measures corresponding with those problems in orderto enhance the application of the criminal reconciliation system.Firstly,we are supposed to extend the scope of cases which criminal reconciliation system can apply to.Secondly,we should implement the censorship of the settlement agreement.Thirdly,we need to take diversified patterns on settlements.Moreover,we should set up the standard of compensation and establish the national victim compensation mechanism.Besides,we are supposed to strengthen the remedy for branch of agreement.Lastly,we should establish the supervision system on criminal reconciliation.