论文部分内容阅读
修正后的新刑事诉讼法采用专章的方式,正式从立法上确认了公诉案件的刑事和解制度。首先明确了适用条件,其次赋予了办案机关审查权,最后指明了成功和解的法律效果。但立法尚存诸多未决问题,需要进一步完善。就制度本身而言,应拓宽适用范围,加强与民事实体法的衔接;强化对当事人主观意愿的审查,对当事人的反悔权进行限制;消除“等”字歧义,摆脱对物质赔偿的片面依赖;理顺与“其他相关人员”的关系;对和解成功的案件进行“再分流”。在配套制度方面,将刑事和解的审查工作列为办案期限的中止或延长计算事由,科学界定“以上”、“以下”概念,防止逻辑冲突。
The amended new criminal procedure law adopts the mode of special chapter, and formally confirms the criminal reconciliation system of public prosecution cases from the legislation. First of all, the conditions of application were clarified. Second, the examination authority of case handling authorities was given, finally, the legal effect of successful settlement was specified. However, there are still many outstanding issues in the legislation that need to be further improved. As far as the system itself is concerned, it is necessary to broaden the scope of application and strengthen the link with the substantive law of the people; to strengthen the examination of the subjective intention of the parties and to limit the party’s right of remorse; to eliminate the ambiguity of the “” and so on and to get rid of the one-sided Dependency; rationalize relations with “other relevant personnel”; and “redistribute” successful cases of reconciliation. In the supporting system, the review of criminal reconciliation as a case of suspension or extension of the calculation of the reasons for the scientific definition of “above”, “below ” concept, to prevent logical conflict.