Research On The Regulation Of The Criminal Reconciliation Repentance

Since the criminal settlement procedure was clearly stipulated in the Criminal Procedure Law in 2012,it has been widely applied in various stages of litigation.However,there are still various problems in the system construction and judicial practice of criminal reconciliation procedures,among which the perpetrator or victim frequently retracts the already reached criminal reconciliation agreement.However,at present,scholars’ research on criminal reconciliation repentance behavior is still not thorough enough,mainly focusing on the interpretation of the classification standards for repentance behavior.Unfortunately,there is still no unified classification standard formed.In addition,there are still theoretical flaws in how to regulate and prevent criminal reconciliation repentance behavior.Therefore,this article takes the stage of criminal litigation as the main thread and discusses the relevant content of criminal reconciliation repentance behavior according to the following structure.In addition to the introduction and conclusion,this article mainly includes four parts:The first part is the basic theory of the criminal reconciliation repentance behavior.Theory is the cornerstone that guides judicial practice.Therefore,in order to regulate the behavior of criminal reconciliation repentance,it is necessary to first discuss the concept and nature of criminal reconciliation repentance,as well as the types of repentance.The second part is an investigation of the current situation of the handling of criminal reconciliation repentance in China.This section analyzes the current judicial application status of criminal reconciliation repentance behavior in China through statistics and summary of relevant cases.It points out that there are many problems in China,such as frequent occurrence of repentance behavior after public security withdrawals,difficulty in ensuring the voluntary and legitimate reconciliation of parties,insufficient guarantee for the performance of criminal reconciliation agreements,and unclear compensation standards.Based on this analysis,a deep analysis of the reasons for this problem has been conducted.The third part is about the regulation of criminal reconciliation repentance behavior.By analyzing the effectiveness of criminal settlement agreements,different solutions are proposed for the repentance behavior at different stages of litigation.The fourth part is the preventive measures for the behavior of criminal reconciliation repentance.By studying the behavior of criminal reconciliation repentance,preventive measures are proposed to address the current application status of criminal reconciliation repentance.Suggestions include improving the handling methods at different stages of criminal litigation,clarifying the content of judicial review in criminal reconciliation,establishing a reasonable settlement compensation system,and ensuring the performance of criminal reconciliation agreements.