2352709749On Criminal reconciliation and plea bargain in the Context of the Construction of Criminal Consultation System

1、 on criminal reconciliation and plea bargain in the context of the construction of criminal consultation systemabstract: reconciliation, a plea bargain to resolve the dispute quietly rising in recent years model for our criminal justice injected fresh vitality. however, due to the end of criminal pr

2、oceedings involving settlement, plea bargaining process will be excluded from the outside of the victims, their limitations are obvious. criminal consultation system to the interests of all parties concerned, before the first trial in criminal cases, the prosecutors, victims and defendants, the accu

3、sed (suspect there is guilt involved in the dispute to the dispute process, after full consultation with various parties to bear guilt and compensation agreement, the defendant pleaded guilty at the trial stage to compensate the victim understanding, the public prosecutor to abandon prosecution or s

4、entencing recommendations made lighter for the content, according to the prosecutors recommendation by a judge for leniency for the defendant dealt in the investigation, prosecution stage, the prosecutor off the case or the investigation organ may suggest to the decision not to prosecute. its purpos

5、e is to restore the disrupted social relations, to make up for the damage suffered by the victim, and to promote the rehabilitation of offenders, social reintegration, in order to build a harmonious social relations . at the same time, criminal consultation mechanism to resolve difficult cases also

6、opened a new path. keywords: reconciliation, a plea bargain, criminal negotiation, litigation efficiency, build a harmonious first, the “criminal reconciliation” and “plea bargain” building a socialist harmonious society in the context of reconciliation, a plea bargain to resolve the dispute quietly

7、 rising in recent years model for our criminal justice injected fresh vitality. at the same time, and this corresponds to a domestic criminal settlement , the theory of plea bargaining is also booming, as the criminal practice of consultation provides a theoretical support. (a criminal settlement eu

8、rope and the united states from the criminal settlement, reconciliation, and reconciliation can be divided into action lawsuit settlement, the former refers to the parties, the judges participation in the consultations and concessions by the end of the agreed dispute resolution proceedings for the p

9、urpose of the model, which is refers to both parties during the proceedings through private consultations, agreed to abandon litigation to resolve disputes . for the definition of the criminal settlement, the vast majority of western scholars have adopted the expression of the national movement, tha

10、t is that “the so-called criminal settlement , also known as perpetrators and victims of the settlement, generally refers to after the crime through the help of a mediator, so that talks directly to the offender and the victim, consultation, settle disputes or conflicts of a criminal justice system.

11、 “ in recent years chinas zhejiang, jiangsu, shanghai, beijing and other provinces and prosecutors are constantly explore and practice of criminal settlement. in our part of the criminal prosecution of reconciliation, is the authority on the investigation of minor criminal cases prosecuted by the at

12、torney shall organize, conduct, promote, between the perpetrators and victims, after full consultation, the offender pleaded guilty to compensate the victim understanding, the prosecution not to prosecute was the result of the dispute settlement mechanism. settlement for the criminal facts are clear

13、, there is ample evidence of minor criminal cases. the current application of criminal prosecution in cases of reconciliation is limited to law may be sentenced to more than 3 years of imprisonment, criminal detention, control, a simple fine, one at an additional punishment, probation or there are s

14、pecific criminal penalties against the victims, and perpetrators pleaded guilty in the case. particularly around injuries and other minor criminal cases, light to carry out exploration of the criminal settlement achieved certain results. but in practice, this mechanism is controversial , the main po

15、int of contention is: the criminal prosecution of reconciliation in the positioning of its discretion, to be legal norms and authorized prosecutors to expose crime, the duties charged with a crime, is contrary to the impartiality of the mediation and voluntary, while also narrow the scope of a crimi

16、nal settlement, the litigation process can not resolve the current litigation efficiency encountered problems to solve difficult cases such as judicial problems. (b plea bargain at the same time, the system of plea bargaining is also in the ascendant. plea bargaining system is from the united states

17、 since the early 20th century, a new mechanism for the criminal proceedings. in recent years, plea bargaining system has been used to varying degrees, the united kingdom, italy, germany and canada and other countries in the legal practice. the so-called plea bargain, the defendant pleaded guilty to

18、get the promised benefits of any agreement reached. generally speaking, in the plea bargain, the prosecutors commitment to the content can be divided into three categories: first, the nature of charges on the alleged promise second, the courts final ruling on the energy and commitment to consistent

19、sentencing, the three trial judges concerning the cases submitted to the fact that commitment. and the defendants plea bargain, on behalf of state power to the public prosecution and the victim may have different choices, but as long as one party agrees to negotiations, can produce the consequences

20、of plea bargaining. but when victims choose negotiation, and public prosecution authorities do not agree consultations, the performance of the defendants plea bargain and the victim of a criminal defendant the understanding the defendants sentence will still have a positive impact. plea bargaining s

21、ystem, also known as plea bargaining or plea bargaining, is based on the principles of economy and efficiency proceedings, the law allows the parties to negotiate the crime charged, the prosecutor decided to prosecute based on counts of consultations with the crime number, the type of penalty and du

22、ration, the court review the legality of consultations and consultations within the applicable law in an action to facilitate the system. plea bargaining system and the national interest to ensure that the rights of victims, based on consultations with the other party in order to avoid some of the a

23、llegations in specific cases the weakness in the lack of evidence, timely and effective completion of litigation, however, in the negotiation process , is the exclusive participation of victims, the victims rights can not be effectively protected. guilty plea not only the process more simple cases,

24、you can save a lot of judicial resources, but also because the defendant pleaded guilty, the trial of the case greatly reduces the difficulty of directly resolving the prosecution authorities and the judicial organs may face the “wrong case” risk. therefore, trial practice, the accused (criminal, wh

25、o pleaded guilty in the trial of simplified procedure model has been vigorously implemented, where the authors procuratorate, for example, an annual way of simplified procedure in trial of criminal cases accounting for about 80 criminal cases %. second, the meaning of criminal consultation system re

26、form of the judiciary and to explore mechanisms for the establishment of a criminal made good bedding consultation. since 1996, ten years of the revised criminal procedure law, the countrys judiciary some useful exploration and attempts, including discovery, simplified procedure, the applicable sent

27、encing suggestions. is now fully aware of the responsibilities of the administration of justice not only to ascertain the facts, criminal prosecution and punishment of crime, should also strive to resolve conflicts and promote social harmony. to resolve conflicts and the fight against crime tied tog

28、ether with a commitment to the judiciary in criminal proceedings, the task, and in the current judicial system, how to resolve conflicts both unity and the fight against crime, only to find the answer in judicial practice, the criminal consultation system adapted to the exploration and construction

29、such a request. the so-called criminal consultation refers to the relatives of the victim or the victim involved in the premise of criminal proceedings and cooperation through dialogue between the main body, taking full account of the demands of victims or relatives of victims on the basis of the pr

30、ocedures in criminal cases, entities and other issues to reach a consensus as to criminal suspect (defendant guilty of compensation, the victim understanding, the prosecution not to prosecute the defendant for leniency or make sentencing recommendations dealt with by the court confirmed that the new

31、 dispute resolution model. criminal consultations for each stage of criminal proceedings, the aim is to restore the disrupted social relations, to make up for the damage suffered by the victim, and to promote the rehabilitation of offenders, social reintegration, in order to build a harmonious socia

32、l relations. consultation system is different from the anglo-american criminal law system of plea bargaining, plea bargaining is based on the principles of economy and efficiency proceedings, the victim is excluded, and, as long as the defendant pleads guilty, is not consider other evidence. the cri

33、minal negotiation mechanism is the victims participation as the premise, “there is ample evidence” for the condition, with full respect for the views of victims, address the issue of compensation to victims of civil and correctional education in the negotiation process offenders, and promote its ear

34、ly rehabilitation and social reintegration. criminal consultation system is also different from reconciliation, reconciliation of the legal consequences of criminal proceedings is the end of . for the criminal settlement of minor criminal cases, most of them directly to the court by the victim, or b

35、y the public security organs, peoples mediation organizations, victims and victimization by one consultation. supreme court on the implementation of <<criminal procedure law>> interpretation of several issues article i: peoples court accepted the case, including direct (one to be handled

36、 only cases: . . (do not mention the second peoples procuratorate indictment, there is evidence that the minor victims in criminal cases: . . <<criminal>> article 170 states: “private prosecution include the following cases: the cases to be handled, there is evidence that the minor victi

37、ms in criminal cases.” << code of criminal procedure>> article 172 states: “peoples court case of private prosecution, can mediate, the private prosecutor before sentence is pronounced, you can arrange a settlement with the defendants or withdraw his prosecution.” thus, the law has given

38、 private prosecution of criminal cases victims of criminal powers, is fully dealt with through mediation. mediation either by the courts, but also by public security authorities or district offices, village committees, so that conflicts can be resolved in time to save litigation resources. criminal

39、consultations for every stage of criminal proceedings, it is not only the use of the criminal settlement mechanism to solve the problem can be solved, but also solve the criminal problem of reconciliation can not be resolved. the current china is in a period of multiple criminal cases to judicial au

40、thorities, the case more and more prominent than less contradictions. to the court, for example, each link into the prosecution of cases for criminal settlement, less than 1% of cases handled, the vast majority of cases must be by way of trial to resolve criminal disputes, so the criminal practice o

41、f exploration and negotiation mechanism, it becomes increasingly important. third, the importance and value of criminal consultation in recent years, the backlog of criminal cases and limited judicial resources, the conflict between the more and more prominent, in addition to the current lack of jud

42、icial mechanisms, leading to an increase in mystery, is not effectively protect the interests of victims, not only constrains the normal operation of the administration of justice, but also affect social stability. to our hospital as an example: over the years, each year there are always part of the

43、 relatively thin evidence and additional evidence of the case unconditionally placed in front of the prosecutor, although the basis of available evidence, the prosecutor on the facts of the case to reach the heart sure the extent of but away from the “there is ample evidence” the prosecution of stan

44、dards or there is a certain distance, that is identified in court the fact that the prosecutor is not necessarily consistent with the judges knowledge, there is a certain risk of litigation. such cases for a long time delay is not determined, directly reducing the effectiveness of the proceedings, a

45、nd even affect social stability. criminal defense consultations a single model, both the confrontation into cooperation, both cooperation and confrontation between the criminal use of consultation mechanisms, we can better solution this problem. because, in terms of the above cases for both defense

46、and prosecution, there is the uncertainty of trial results, which provided an opportunity for consultation to the prosecution, as long as defendant pleads guilty, the evidence is likely the case achieve “there is ample evidence” with it, can effectively avoid the risk of litigation, the defense, the

47、 defendant pleaded guilty as long as the compensation, the prosecutor may apply to the court for leniency on the defendants sentencing treatment recommendations from the heavy penalties. at present, we limit the scope of the criminal consultations with clear victims in scope, such a “relative of the

48、 victim or the victim involved in the premise, taking full account of the demands of victims or relatives of victims on the basis of criminal proceedings through consultations between the main body, to the suspect, the defendant pleads guilty compensation, victim understanding, dealing with the defe

49、ndant for the playful “mode, not only effectively safeguarding the legitimate rights and interests of victims, and to speed up the litigation process, improve the effectiveness of the proceedings, also in line with our long-term since the policy of “resist strict” and “combining punishment with leni

50、ency” of the criminal policy. criminal consultation system has become a legal theory and judicial practice in research to explore a new topic, the introduction of the criminal judicial practice consultation system has a practical necessity and urgency: first, the value is conducive to efficiency. at

51、 present, the number of criminal cases increased with the contradiction between the limited judicial resources have become increasingly prominent, seriously hampered the normal work. country as a whole, chinas courts and prosecutors are faced with the high incidence of criminal cases, and even some

52、exaggeration to say that the courts in criminal cases, the times to drown . the supreme peoples university of china, from 2003 to 2007, the procuratorial organs approved the arrest of criminal suspects 4,232,616 various types of people prosecuted 4,692,655 people, respectively, over the previous fiv

53、e-year increase of 20.5% and 32.8%. the author prosecution where the court division, for example, police officers in 2003 has 10 general, prosecuted the year 243, and police officers in 2008 has 8 general who prosecuted the year 413, the per capita caseload has almost doubled. in in this case, only

54、by increasing the number of judicial officers to increase judicial input, not the fundamental way to solve the problem. and by means of innovative mechanisms for action to deal with cases as quickly as possible, resolve conflicts, is undoubtedly the most useful exploration. as to the defendant in cr

55、iminal consultations pleaded guilty compensation for the victims of understanding the results of the criminal trial, in summary or in the form of simplified procedure, simplified procedures for both defense and prosecution evidence, omitted the prosecution and the defense against and reduce the tria

56、l staff, simplifying part of the proceedings, thereby reducing the handling time, litigation costs are reduced. second, it helps reduce the alleged risk. to our current situation, the diversification of forms of crime, investigative agencies of funds, technology and even the overall detection level

57、of detection is not high, the lack of “mystery” settlement mechanism, and increased risk charges, resulting in some cases protracted. in criminal proceedings, investigation, prosecution, trial, there is a certain percentage of all aspects of the mystery, because the evidence of defects or other reas

58、ons, suspended pending a long time, the collection of evidence for those difficult or costly handling criminal cases, evidence did not achieve the full, there are some allegations of risk, are likely to cause torture, extended custody and other issues. in addition, due to the lack of mystery settlem

59、ent mechanism, resulting in innocent cases and withdrawal of cases have occurred, not only undermine the authority of the judiciary and justice and violated the defendants personal rights, nor can it effectively, fully and timely protection of the victims of legal rights. to our hospital as an example: over the years, each year there is always part of the relatively thin evidence of addi