What is a Senior Settlement?

Criminal reconciliation refers to the use of mediators or other organizations to directly communicate and negotiate with the criminal suspect and defendant through a mediator or other organization. After the parties have reached a settlement agreement for civil compensation, the judicial organs will treat the criminal suspect according to the specific circumstances of the case 2. The defendant no longer pursues criminal liability or lightens criminal proceedings.

Criminal reconciliation is called "victim-offender reconciliation (VOR)" in the West. Some scholars in China believe that criminal reconciliation originated in our country. Professor Fan Chongyi believes that "China's extensive and profound thought of harmony contains the concept of harmonious justice. This concept is more comprehensive and scientific than the restorative justice concept. Reconciliation is a reform attempt in the field of criminal justice in the West for more than 30 years. It has changed the traditional criminal justice theory of the state, and emphasized the criminal justice theory that the state exercises punishment on the offender to correct the offender. The attention of human rights has injected a new concept into the theoretical research and practice of criminal justice. Through proactive communication with the victim, the aggressor wins the victim's understanding through apology to the victim, compensation for the loss, etc., and reaches a criminal reconciliation agreement and earnestly implements it. Through criminal reconciliation, the interests of the state, the offender, and the victim can be better balanced. The successful practice of this system in western countries has greatly attracted the attention of domestic theoretical and practical circles, and has begun beneficial experiments in some areas of the country.

As an important judicial organ, the procuratorial organs have become increasingly important in building a society ruled by law, promoting social harmony, and promoting social development. I have been thinking about a problem. We need to achieve the unity of political, legal and social effects in law enforcement.

Criminal reconciliation has good prospects for development in China. There are three reasons:

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Criminal reconciliation

Criminal reconciliation,

The Theory and Value of Criminal Reconciliation

Criminal reconciliation, also known as victim-offender reconciliation, victim-offender mediation, refers to the direct contact between the victim and the offender after the crime has occurred, with the help of a facilitator (usually a volunteer outside the community). To negotiate and resolve criminal disputes. The purpose of criminal reconciliation is to restore the social relations destroyed by the offender, make up for the injuries suffered by the victim, restore the harmonious relationship between the offender and the victim, and make the offender rehabilitate and return to society.

Looking at the regulations and practices of various countries on criminal reconciliation, the main contents are as follows:

1. Conditions for criminal reconciliation apply. First, the formal reconciliation should be based on the guilty plea of the criminal suspect and the voluntary reconciliation between the parties. Secondly, the applicable cases range from the type of the offender, mainly including minor property crime cases and minor personal assault cases, but some countries have successfully applied criminal reconciliation to serious crimes.

2. The general process of reconciliation.

The value of criminal reconciliation lies in the following: first, criminal reconciliation is conducive to better safeguarding the interests of victims. The second is that criminal reconciliation is conducive to the correction of crimes and the re-socialization of offenders. Third, criminal reconciliation is the need to improve the relationship between offenders and victims and promote social harmony. Fourth, criminal reconciliation is the need to reduce litigation costs and improve litigation efficiency.

Feasibility of introducing criminal reconciliation in China

First, the provisions of China's current criminal legislation provide a relevant institutional basis for the implementation of criminal reconciliation. Secondly, China's "lenient and strict" policy and "light weight" provide a policy basis for the implementation of criminal reconciliation. Third, China's successful practices and good results in the decriminalization of minor injuries cases provide a practical basis for the implementation of criminal reconciliation.

Regarding how to design China's criminal reconciliation system, the following factors can be considered: First, it is recommended to limit the application of the reconciliation procedure to the review and prosecution stage or the trial stage. Second, the scope of applicable cases must be limited. The third is the election of the mediator. The fourth is that the settlement agreement based on criminal settlement should be "voluntarily reached and contain only reasonable and proportionate obligations". Prosecutors or judges will review and confirm the authenticity, legitimacy and feasibility of the settlement agreement. Perform supervision.

Criminal reconciliation is also called victim-offender reconciliation, victim-offender meeting, victim mediation, or restoration of justice consultation. Its basic meaning is that after the crime occurs, through the help of the mediator, the victim and the offender directly Negotiate to resolve criminal disputes. Criminal reconciliation is conducive to restoring the damaged social relations, making up for the damage suffered by the victims, and rehabilitating the perpetrators to rehabilitation and reintegration into society.

The court's review of the implementation of the settlement agreement has the following aspects: First, it examines whether the implementation of the settlement agreement violates legal provisions and social public morals. After reviewing the implementation of the settlement agreement in violation of legal provisions and social public morality, it is necessary to explain to the parties that the settlement agreement is invalid and the case execution process continues. The second is to check whether the executed person has the conditions to perform the settlement agreement, and whether there is a possibility that the executed person can use the execution settlement to delay the execution to avoid execution. The specific method is that after the two sides reach a settlement agreement, the executive judge shall order the person to be executed to explain the ability and conditions to perform the settlement agreement. If the person to be executed fails to state that it has the ability and conditions to perform its obligations, nor can it provide an execution guarantee, the court does not recognize the validity of the settlement agreement, and the execution process does not stop. The court review of the implementation of the settlement agreement shall be recorded in the record.

In order to ensure the implementation of the settlement agreement, it is necessary to increase sanctions against the non-performance of the settlement agreement. After the parties have reached a settlement agreement, if the person being executed fails to perform the settlement agreement without proper reasons or even transfers property to evade execution, the legal responsibility of the person being executed for refusing to perform shall be seriously investigated and sanctions such as fines and detention shall be taken after the execution is resumed. If the circumstances are serious, they shall be transferred to the public security organs to investigate their criminal responsibility for refusing to execute them. After the two parties have reached a settlement agreement, the executive judge shall inform the executed party of the legal consequences of refusing to perform the settlement agreement and record it in the transcript.

After the parties have reached a settlement agreement, how will the case be handled? According to Article 107 of the Supreme People's Court's Provisions on Several Issues Concerning the Implementation of the People's Court (Trial), the execution of a case by the people's court shall normally be concluded within 6 months, but the period of suspension of execution shall be deducted. During the execution, the two parties reached a settlement agreement, and the execution process was actually suspended. If the period of performance stipulated in the settlement agreement is within 6 months, the case may be ruled to suspend the execution, and the execution of the settlement agreement shall be concluded after the implementation is completed.