Research On The Factors Affecting The Effectiveness Of Criminal Reconciliation Agreement

The criminal settlement agreement is the key point of the success of the criminal settlement,and it is a public-private contract between the perpetrator and the victim under voluntary,true and legal conditions with repentance,compensation,apology,and request for leniency as the main content,and only when the criminal settlement agreement takes effect and is performed can the dispute be truly resolved,and the positive role of the criminal settlement system in restoring justice,improving judicial efficiency,and building a harmonious society can be realized.Therefore,studying the influencing factors of the entry into force of criminal settlement agreements has important theoretical and practical significance for promoting the conclusion,effectiveness and implementation of criminal settlement agreements,and is the proper meaning of building a harmonious society.This paper uses the methods of literature analysis,case analysis and comparative analysis to comprehensively analyze the legislative status and judicial status of the factors influencing the entry into force of criminal settlement agreements,and combines theoretical research to find that the practical dilemma of the entry into force of criminal settlement agreements lies in the involuntary problems of criminal settlement agreements,the difficulty of guaranteeing their authenticity,and the lack of stability of settlement agreements.Worldwide,in terms of the voluntariness of criminal settlement agreements,extraterritorial states promote the principle of informed consent of the parties;Through comparative analysis,it is believed that China should combine the actual situation,learn from extraterritorial experience,and in view of the above-mentioned dilemmas in judicial practice,proceed from the legislative spirit of criminal settlement,protect the parties’ right to know and the right to self-determination to ensure the voluntariness of criminal settlement agreements;establish a punishment system for the right of revocation of good faith counterparts and malicious violations of the authenticity of criminal settlement agreements to ensure the authenticity of criminal settlement agreements;build a mediator system and establish a criminal settlement supervision and reporting mechanism to improve the stability of criminal settlement agreements.