Institutional construction of criminal reconciliation, criminal reconciliation system

Legal Analysis:1The concept of criminal settlement.

The so-called criminal reconciliation, also known as reconciliation between the perpetrator and the victim, refers to a criminal justice system where, with the help of a mediator, the perpetrator and the victim are prompted to directly negotiate and negotiate to resolve criminal disputes or conflicts after the criminal act has occurred. 2. Scope of application of criminal settlement. At present, there are two views on the scope of application of criminal reconciliation in the theoretical circles:

First, the vast majority of scholars believe that criminal reconciliation should be applied to minor criminal cases involving victims, including juvenile cases, first-time offenders, incidental offenders, and negligent offenders in adult crimes. 3. The value and significance of criminal settlement. At present, China is in a period of important strategic opportunities for economic and social development and a period of prominent social contradictions, and the task of maintaining steady and rapid economic development and maintaining social harmony and stability is still very arduous.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 288: In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making a formal apology, and the victim voluntarily reconciles, the parties may reconcile: (1) Cases arising from civil disputes that are suspected of crimes provided for in Chapters 4 and 5 of the Specific Provisions of the Criminal Law, and may be sentenced to up to three years imprisonment; (2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.

Where the criminal suspect or defendant has intentionally committed a crime within 5 years, the procedures provided for in this chapter do not apply.

Criminal reconciliation refers to a litigation system in which in criminal proceedings, after the victim and the perpetrator reach an understanding through methods such as admitting guilt, compensation, or apologizing, the specialized state organs no longer pursue the perpetrator's criminal responsibility or give a lighter punishment.

This system is a new working mechanism explored and implemented by procuratorial organs in recent years from the perspective of implementing the concept of socialist rule of law, resolving social contradictions, and pursuing the unity of political, legal, and social effects in law enforcement and case handling.

1. The difference between criminal mediation and criminal understanding.

1.Criminal reconciliation refers to cases in which the criminal suspect or defendant sincerely repents of their crimes and obtains the victim's forgiveness through methods such as compensating the victim for losses or making formal apologies; 2.Victim forgiveness refers to the communication and negotiation between the criminal suspect or defendant and the victim regarding the harms, losses, and compensation caused by the criminal conduct, and then reaching an agreement and obtaining the victim's forgiveness.

2. Will there be a heavy sentence for waiving civil compensation?

The function of criminal procedure is to pursue the criminal responsibility of the defendant and is the embodiment of the exercise of the state's penal power, and the function of civil litigation is to make up for the damage suffered by the injured party, which is the embodiment of the exercise of the right to make civil claims. In the process of punishing crimes, only when effective remedies for the injured party are realized at the same time can the comprehensive function of litigation be truly realized and the unity of legal and social effects can be achieved.

If the victim and his family are unwilling to accept compensation from the criminal suspect, the court will also convict and sentence in accordance with law, and will not increase the punishment on the basis of the original conviction and sentencing, but where the victim accepts compensation and reaches an understanding, the punishment may be mitigated, commuted, or waived.

Three leaks, there is a letter of understanding, and there is a criminal return to the responsibility of the case.

Yes. Obtaining the victim's forgiveness does not mean that the state organ will not pursue legal responsibility. However, where the victim's forgiveness is obtained, a lighter punishment may be given as appropriate.

A letter of understanding generally refers to a written document of a legal nature issued by the victim of a criminal case and the suspect or his family to reach a settlement on the outcome of the criminal case. In criminal proceedings, where the defendant has received forgiveness from the victim and his family, he may be given a lenient punishment, and if the circumstances are minor, a suspended sentence may be sought.

Article 277 of the Criminal Procedure Law: In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making a formal apology, and the victim voluntarily settles, both parties may settle:

1) Cases arising from civil disputes that are suspected of crimes provided for in Chapter 4 of the Special Provisions of the Criminal Law or the Upgrading of Chapter 5 of the Criminal Law, and might be sentenced to up to three years imprisonment;

(2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.

Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.

1) Cases arising from civil disputes that are suspected of crimes of infringing on citizens' personal rights, democratic rights, or property rights, and may be sentenced to up to three years imprisonment; Cases of negligence crimes other than crimes of dereliction of duty that may be punishable by imprisonment for up to seven years.

2) In particular, it is pointed out that if the criminal suspect or defendant has intentionally committed a crime within five years, the criminal reconciliation procedure is not applicable.

Article 343 of the Criminal Law of the People's Republic of China Whoever violates the provisions of the Mineral Resources Law by mining without obtaining a mining license, entering a mining area planned by the State, mining areas of great value to the national economy or mining areas of others without authorization, or mining specific minerals that the State provides for protective mining without authorization, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or supervision or system, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Whoever violates the provisions of the Mineral Resources Law by employing destructive mining methods to exploit mineral resources, causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined.