On the criminal settlement system
|Keywords||Criminal Reconciliation Victim The object of a crime Temper justice with mercy|
Criminal Reconciliation twentieth century, the sixties and seventies Western countries, the emergence of a new criminal justice system. In recent years, our 刑法理论界 and judicial practice started studying and discussing the criminal settlement system, the criminal settlement system has become a research focus of our 刑法理论界. The same time, the criminal reconciliation institutionalized local practice abound, there is no uniform legislative provisions, the criminal reconciliation as a new judicial system, the region is still in the constantly exploring. Tong said that the criminal reconciliation in the running of the criminal proceedings, victims and perpetrators confessed, compensation, apology, etc. to reach an understanding, the specialized agencies of the State not to pursue the criminal responsibility of the perpetrators or their sentences. kinds of cases handled. Under certain conditions, can effectively alleviate the antagonism between the victims and the perpetrators, properly resolve social conflicts, and actively resolve social disputes, to create a harmonious society of great significance. The same time, the criminal settlement system can effectively reduce the appeal, the occurrence of complaint cases, really do Case Closed trouble, so that the processing of the case to obtain a better legal and social effects, impartiality and effectiveness of a variety of value of balance. This is the theoretical significance and practical value of the topics in this article. The paper is divided into four parts, the first chapter of the origin and development of the criminal settlement, seeks to explore the Western Criminal Reconciliation System based on China's Criminal reconciliation and criminal mediation in criminal reconciliation and related concepts, compounding, plea transaction clarified. Chapter II mainly on the theoretical basis of the criminal settlement system, first expounded the theoretical basis of the Western Criminal Reconciliation System, that is, the balance theory, narrative theory and restorative justice theory, Dangerousness theory, which restore justice theory is the most powerful criminal settlement system theoretical support; basis for the existence of the criminal settlement system in China is to build a harmonious society and the criminal policy of combining punishment with leniency, the criminal settlement system and criminal law at the same time the principle of legality of criminal culpability to adapt the principles and legal principle of equality before the relationship discussed. The Chapter specifically addressed the criminal settlement system in the construction of our judicial practice. First proposed to strictly define the scope of the criminal reconciliation. Pointed out the problems of the criminal reconciliation for the status quo based on the properties of the object of the crime should determine the the criminal reconciliation scope of the standard, which determines the victims of substantive criminal disposition presence or absence of criminal reconciliation scope of application. And a comprehensive analysis of simple objects and complex object in the criminal reconciliation applicable; followed the applicable procedures of the criminal settlement, the criminal reconciliation in the investigation, examination and prosecution, trial phase of the applicable specific provisions, trying to build with Chinese characteristics Criminal Reconciliation the system.