The Analyses Of Consummation To Criminal Reconciliation System

Criminal reconciliation has been put into practice by the district court of our country in the late 90s of the 20th century.At the beginning of the 21st century,many places also tried to issue the guidance of the criminal reconciliation system.However,the criminal reconciliation system still had a lot of inconvenience during its application,mainly manifested in the ambiguity of its scope of application,complex operation,the lack of efficacy of its agreement and so on.Criminal reconciliation has been confirmed as one special procedure by the Criminal Procedure Law which took effect in 2013,which means the criminal reconciliation system has been accepted as a law procedure.But the criminal reconciliation system is still in its initial phase with imperfect legal provisions,which has only 3 articles in the Criminal Procedure Law.The imperfection leads to the result that the application of criminal reconciliation came across lots of difficulties thus affected performance of the criminal reconciliation,which caused damage to the public trust of the judicial system.Some people even raised questions for the necessity and rationality of the criminal reconciliation system.Therefor,it's of great importance to consummate the criminal reconciliation system.There are many different opinions about this system,ideas vary from the system itself to its application.This article is based on the suggestions from scholars and the experience of the application of criminal reconciliation in order to discuss the necessity of consummating the criminal reconciliation system and find the key to improve it.In the composition of the article,fthe first part of this paper introduces the concept of criminal reconciliation system,and then introduces the background of criminal reconciliation system in our country from victims.perpetrators,judicial authorities and social four angles.The second part analyzes the current situation and existing problems of criminal reconciliation system:first,from the scope of criminal reconciliation,the application stage and the effect of settlement.Secondly,in 2003 occurred in Harbin BMW butt case cited,carries on the analysis of the case from the perspective of criminal reconciliation.It is pointed out that existent in the criminal reconciliation system,supervision,lack of protection of victims relief mechanism,operation specification is not clear;the third part is the focus of the article,mainly puts forward the corresponding suggestions for the problems of the criminal reconciliation system.To supervise and examine the mechanism,we should clear the procuratorial organs as the main body of the supervision,improve the procedure of the criminal reconciliation and the supervision of the entity.On the aspect of the system of compensation for the victim,it is suggested to introduce the compensation mechanism of the guarantor,the establishment of special compensation fund for the victims and the supervision of the application of the compensation for the compensation.Specific specification,we suggest that the standard of compensation for criminal reconciliation,nonns of the operation process of criminal reconciliation.