Criminal reconciliation needs to establish a team of high-quality people's mediators. Mediators are not only respected, but also have a certain level of law and policy, and master the language, methods, methods and skills of mediation. In many western countries, countries tend to rely on the role of lawyers when implementing ADR, and usually strongly encourage lawyers to participate. Because retired judges have high professional quality and prestige, they also become excellent mediators. Therefore, it is suggested that retired judges, prosecutors, lawyers, legal workers and professional and technical personnel should be preferred when selecting people's mediators. In order to continuously improve the quality of people's mediators, it is necessary to establish and improve the post training system and quality training system of people's mediators.
The sources of funds for the mediation committee can be solved from the following aspects: first, government grants; Second, appropriate fees; The third is social donation. 2, the conditions of criminal reconciliation and the scope of accepting cases
For the conditions of criminal reconciliation and the scope of accepting cases, we should comprehensively consider the interests of the state, the interests of the victims, the personal danger of the perpetrators and other factors. Starting from the subjective concept, the victim and the offender are given the status of litigation subject and the corresponding litigation rights, which effectively guarantees the absolute autonomy and voluntariness of reconciliation, especially to avoid the victim being threatened and forced, and let him decide whether to accept mediation and the degree of mediation. In the report submitted by the criminal justice department of the American National Bar Association to the Bar Association Congress in August 1994, the relevant safeguard procedures were determined as follows: (1) The victims and perpetrators who participated in the criminal reconciliation procedure must be completely voluntary; (2) The procedural purpose of the victim and the offender must be confirmed in written form, and this purpose can be realized through appropriate procedures; (3) Refusing to participate in criminal reconciliation will never have any adverse effects on criminals; (4) As far as possible, compulsory lawyer representation should be realized, so that the parties can complete it with the assistance of lawyers. As for the applicable conditions and scope of the case, the association made further provisions: (1) the criminal's previous record. If the offender denies the crime or tries to mitigate the crime, such cases are not suitable for criminal reconciliation; (2) The degree of subjective malice and repentance of the actor. Offenders should have the bottom line of repentance, that is, offenders admit their mistakes, take responsibility and are willing to compensate for losses; (3) The reason why the victim agreed to meet the offender through consultation. This reason should be specific, such as the intention to discuss the influence of crime, the concern about the guilty statement of the perpetrator, and the worry about the future. (4) the seriousness of the case. The criminal reconciliation system is not applicable to major cases that seriously infringe on the public interests of the state and society; (5) the spatial distance of the parties. If the parties are far away, there will be many obstacles to criminal reconciliation. 9 Germany has similar requirements: (1) you must participate voluntarily; (2) The victim is an individual; (3) The perpetrator pleaded guilty; (4) The facts and circumstances of the case can be clearly identified; (5) Limited to minor crimes and general crimes, sexual crimes and violent crimes are only applicable in a few exceptional cases. Attending: Some scholars in the United States specifically mentioned that the issue of guilt in criminal reconciliation is not included in mediation. Because if criminal reconciliation is needed to solve the problem of guilt or not, then criminal reconciliation will add a procedure of fact proof and responsibility distribution. Such a complicated procedure should be handled by the criminal court. These regulations and requirements are worth learning from. According to China's actual national conditions, the scope of application of criminal reconciliation can be stipulated in the following aspects: (1) cases of private prosecution; (2) minor criminal cases in which the statutory penalty for public prosecution is less than three years, such as minor injuries, traffic accidents, petty theft, fraud, robbery, etc. ; (3) Criminal cases involving minors; (4) Criminal reconciliation does not apply to cases that endanger national security, public interests and serious violent crimes. Judges, prosecutors, victims and their agents ad litem, defendants and their defenders have the right to suggest that the case be submitted to criminal reconciliation during the prosecution and trial stages of the case. The criminal reconciliation initiated in the prosecution stage can be used as a diversion measure for the procuratorial organ not to prosecute, that is, if a criminal reconciliation can be reached and fulfilled between the victim and the offender, the public prosecution organ will no longer prosecute the case. If an agreement is reached but the defendant fails to perform it, the public prosecution organ shall hand over the settlement agreement to the court with the case. At the trial stage, the court can submit the case to criminal reconciliation after accepting the official confession of the criminal. In this case, if the defendant is willing to participate in reconciliation and reach an agreement, reconciliation is regarded as a condition of probation or as a circumstance of lenient sentencing.
It is worth noting that criminal reconciliation cannot be carried out at the investigation stage. The main reason is that (1) criminal reconciliation must be carried out on the basis of finding out the facts of the crime. The duty of the investigation organ is to detect cases, find out the facts, collect evidence and judge whether the perpetrator constitutes a crime, which is not its basic function, and the law does not give the investigation organ the right to mediate. (2) The people's mediation committee's intervention in case reconciliation at the stage of case investigation still needs the explicit provisions and authorization of the law. (3) The supervision of criminal investigation in China is limited. If the investigation organ conducts mediation, it will easily breed judicial corruption, indulge criminals, endanger the public interests of the state and society, and be detrimental to the maintenance of the rights and interests of victims. The people's mediator called all parties involved in criminal reconciliation and announced the official start of the criminal reconciliation procedure. The people's mediator first explains the procedure to be carried out in this criminal reconciliation and the purpose to be achieved by reconciliation. Generally speaking, the parties mainly express the situation of criminal infringement and discuss how to compensate the victims. Secondly, the mediator should understand and ensure that all participants in criminal reconciliation are completely voluntary. The reconciliation procedure can be carried out according to the following procedures:
(1) Step one, the criminal admits the crime. First, let the criminals confess the crime process, and confess their guilt to the victims and their relatives, admit their mistakes and express repentance. (2) The victim describes the impact of the crime on his body, life, work and study. (3) People who are related to the results of criminal acts describe their feelings. Through these descriptions and narratives, the criminal will understand the consequences of his criminal behavior to the victim and those who are closely related to the victim, as well as his own family and friends. Victims have the opportunity to express their feelings and have the right to ask questions related to the crime. (4) After fully discussing the criminal behavior and its consequences, the mediator can ask the victim about the compensation or compensation items he hopes to get from this settlement, which will help to determine the obligations that the criminal should perform. (5) All participants can express their opinions on how to compensate the injurer and how to solve the case. (6) In the last link, the mediator, after listening to the opinions of all participants, presided over the reconciliation participants to reach a settlement agreement and urged them to sign the settlement agreement. The supervisor sent by the people's court or the judicial administrative department shall supervise the whole reconciliation process and the settlement agreement reached by all parties, and shall promptly point out the illegal situation and suggest correction. 6. Criminal settlement agreement
The criminal reconciliation agreement is an agreement reached between the victim and the perpetrator to compensate the victim for the damage caused by the perpetrator's criminal behavior through consultation. Its content can be divided into two parts: facts and compensation. The fact part can record the facts of the crime, the performance of the offender's confession and repentance, and the victim's forgiveness and understanding of the offender. The compensation part can include confession and apology, return of property or original things, economic compensation, and provision of some form of services (such as private services) to the victims. ), community labor service and so on. Of course, the contents of the agreement cannot violate the law and harm the public interest or the legitimate interests of others.
The criminal reconciliation agreement can have a unified format, or it can be changed according to the requirements of the parties. The basic format shall indicate the time, place and participants of the settlement, clearly and accurately record the facts and process of the settlement, the requirements and obligations of the parties, and the contents of the final agreement. All the participants in the criminal reconciliation signed the agreement.
The criminal reconciliation agreement shall take effect after it is confirmed by the judicial administrative organ or the people's court. Once the criminal reconciliation agreement is confirmed by the judicial organ, it has the same effect as the judicial judgment document. If the parties fail to reach a settlement agreement or go back on their word before judicial confirmation, the case will resume normal criminal proceedings. After the criminal reconciliation agreement comes into effect, criminals should consciously perform their obligations according to the agreement. If the victim refuses to perform, he may apply for compulsory execution.