| The new criminal procedure law,which was implemented on January 1st.2013 specifically defined applicable criminal reconciliation in public prosecution proceedings in the case in Code Part II,Chapter V.Criminal reconciliation system has become a criminal case on indictment of Criminal Procedure expressly provided by CPL three statutes applicable to the case of the criminal settlement range for the conditions and legal effects of a rough rules.Criminal reconciliation system has its own unique value system.Criminal Reconciliation enables victims to obtain financial compensation and spiritual comfort as soon as possible,to make up for the loss of the victim.Criminal Reconciliation can reduce criminal penalties for the perpetrators suffered so quickly return to society.Criminal reconciliation in favor of judicial investigators saving resources and improve efficiency.Criminal reconciliation in favor of the parties to repair damaged social relations,to facilitate more efficient to resolve social conflicts,thereby promoting social harmony and stability.However,existing criminal reconciliation system is not perfect,the existing criminal law system,there is a theory of criminal law and criminal reconciliation system at the inconsistency content with,and can not form a unified organic whole with the existing criminal laws and regulations;in addition,since the implementation of the new Code of Criminal Procedure,the judicial practice also encountered some problems,are flawed in terms of scope,reparation,enforcement and protection mechanisms,and monitoring mechanisms and other facilities.To better play of VOR system,the legislature is required to further improve the criminal settlement system to the existing criminal law system integration,the formation of a unified system of criminal law,but also pay attention to solve the judicial practice of criminal reconciliation system problems exposed.The author describes the connotation of criminal reconciliation system,compare the value definition and related systems,analyzes the criminal reconciliation system in the existing legal provisions,judicial practice problems and then make recommendations to improve the criminal reconciliation system,from a legal level define issues related to its settlement of criminal,from the substantive and procedural aspects of criminal reconciliation to study the theory and design of criminal reconciliation system;in particular build on the system,it is necessary to refer to foreign-related system,but also to summarize the current judicial practice,at the same time to combine our country especially in conjunction with the Criminal Procedure Law,both from build to build legislation and supporting systems. |
