The present situation of criminal reconciliation

Criminal reconciliation means that after a crime occurs, the victim and the offender directly negotiate to solve the criminal dispute with the help of the mediator. The settlement agreement should be recognized by the judicial organs and used as the basis for criminal punishment of the criminals. The purpose of criminal reconciliation is to restore the social relationship destroyed by the injured person, make up for the damage suffered by the victim, restore the harmonious relationship between the offender and the victim, and make the offender turn over a new leaf and return to society. Criminal reconciliation takes the protection of victims' interests as the core concept, the comprehensive protection of victims, perpetrators and public interests as the basic connotation, and achieves the ideal substantive goal with less consumption of judicial resources.

The Domestic Judicial Status of Criminal Reconciliation

First, the judicial status of domestic criminal reconciliation

(1) Criminal reconciliation of minor injury cases

Specific treatment methods in practice:

(1) No prosecution or return to the public security organ after settlement.

(2) Prosecution after settlement.

(3) The lawsuit is still pending.

(2) Criminal reconciliation of criminal cases between minors and college students.

Specific treatment methods in practice:

(1) No prosecution or return to the public security organ after settlement.

(2) Prosecution after settlement.

(3) Postpone prosecution after settlement.

Necessity and feasibility

The necessity and feasibility of introducing criminal reconciliation in China and the necessity of criminal reconciliation in China are mainly reflected in the following aspects: 1 It helps to protect the interests of victims. 2. It helps to protect the human rights of defendants and prevent crimes. 3. It is conducive to saving judicial resources and improving the efficiency of criminal proceedings. 4. It conforms to the criminal policy of combining leniency with severity, and is conducive to building a harmonious society.

Reconciliation system

1. Conditions for criminal reconciliation: the offender pleads guilty; Voluntary, including the voluntary of both victims and offenders. 2. Applicable objects and scope: Applicable objects include negligent offenders, occasional offenders and first-time offenders among juvenile criminal suspects and adult criminal suspects. The scope of application is limited to misdemeanor cases, that is, cases that may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control. 3. Applicable stages of criminal reconciliation: it can be applied to all stages of litigation. 4. Applicable procedures of criminal reconciliation: generally, it can be divided into stages of reconciliation proposal and acceptance, reconciliation preparation, reconciliation statement and negotiation, signing of reconciliation agreement, review and entry into force. There are different views on the question of "who will act as the mediator to preside over the reconciliation". But in practice, there are mainly three modes: one is to entrust the people's mediation Committee to mediate, represented by the public security organs in Yangpu District, Shanghai. Second, the procuratorial organs presided over mediation. Beijing Chaoyang District Procuratorate mainly adopts this method. Third, the parties reached a settlement on their own, and the procuratorate mainly undertook the notification and confirmation work, which was adopted by the hospital.

question

1. Adjustment and adaptation of penalty concept. 2. The inequality between the rich and the poor may lead to the unequal application of punishment, which violates the principle of equality before the law. 3. Notarization and rationality of the settlement agreement.