公诉案件当事人和解研究
发布时间：2019-03-30 20:20
【摘要】：2012年新《刑事诉讼法》出台,公诉案件当事人和解作为一项特别程序被纳入其中,立足于新《刑事诉讼法》对公诉案件当事人和解程序和制度的规定,对公诉案件当事人和解制度的立法背景、法律规定、理论争议焦点,特别是针对该制度实施中有可能产生的问题进行对策性研究,具有重要的现实意义。 从公诉案件当事人和解制度的立法背景,我们可以看出公诉案件当事人和解的入法目的以及立法宗旨,可以概括为恢复社会关系,化解社会矛盾；解决疑难案件,提高诉讼效率；保障被害人权利,促进加害人回归社会。公诉案件当事人和解的实体要件包括主体要件、客体要件、主观方面和客观方面,而公诉案件当事人和解的程序要件主要有时机要件和确认与生效要件,通过对这一部分的阐述力求对公诉案件当事人和解制度的重点法律规定有大致了解,明确公诉案件当事人和解制度的适用案件范围、在满足什么条件下和解才能够达成,和解协议怎样才能生效等。当然,公诉案件和解并没有因为被立法化而消除一些困惑和疑问,如赔偿缘何影响刑罚,和解过程中权利滥用问题,被害人谅解是否出于真心问题……这些问题的存在使公诉案件当事人和解制度下的刑罚适用效果大大折扣。为减少公诉案件当事人和解适用中出现弊端,需要思考建立刑事被害人国家补偿制度以减少经济因素对被害人自愿和解的干扰；和解方式多元化,正确把握赔偿对量刑的影响；建立赔偿标准,避免花钱买刑；完善监督制度,避免权利或者权力滥用等措施。
[Abstract]:(a) the introduction of the new Code of Criminal procedure in 2012, in which reconciliation of the parties to public prosecution cases was incorporated as a special procedure, based on the provisions of the new Code of Criminal procedure on reconciliation procedures and systems for the parties to public prosecution cases, It is of great practical significance to study the legislative background, the legal provisions, the focus of theoretical disputes, especially the problems that may arise in the implementation of the system for the litigant reconciliation system of public prosecution cases. From the legislative background of the reconciliation system of the parties to public prosecution cases, we can see that the purpose and purpose of the reconciliation of the parties to the public prosecution cases can be summarized as the restoration of social relations and the resolution of social contradictions; Solve difficult cases, improve the efficiency of litigation, protect the rights of victims, promote the victim to return to society. The substantive elements of the reconciliation between the parties to the public prosecution cases include the subject elements, the object elements, the subjective aspects and the objective aspects, while the procedural elements of the reconciliation between the parties to the public prosecution cases mainly include the time elements and the confirmation and effective elements. Through the elaboration of this part, we strive to have a general understanding of the key legal provisions of the reconciliation system of the parties to public prosecution cases, and make clear the scope of the cases applicable to the reconciliation system of the parties to public prosecution cases, and under what conditions can reconciliation be achieved. How the settlement agreement will come into effect, etc. Of course, the settlement of public prosecution cases has not eliminated some puzzles and doubts because of the legislation, such as how compensation affects the penalty, the abuse of power in the reconciliation process, and whether the victim's understanding is out of genuine question. The existence of these problems greatly discounted the effect of penalty application under the settlement system of the litigants of public prosecution. In order to reduce the malpractice in the application of reconciliation between the parties to public prosecution cases, it is necessary to think about the establishment of the state compensation system for criminal victims to reduce the interference of economic factors on the voluntary reconciliation of victims, to diversify the ways of reconciliation, to correctly grasp the influence of compensation on sentencing; Establish compensation standards, avoid spending money on punishment, improve supervision system, avoid abuse of rights or powers and other measures.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
，
本文编号：2450448
[Abstract]:(a) the introduction of the new Code of Criminal procedure in 2012, in which reconciliation of the parties to public prosecution cases was incorporated as a special procedure, based on the provisions of the new Code of Criminal procedure on reconciliation procedures and systems for the parties to public prosecution cases, It is of great practical significance to study the legislative background, the legal provisions, the focus of theoretical disputes, especially the problems that may arise in the implementation of the system for the litigant reconciliation system of public prosecution cases. From the legislative background of the reconciliation system of the parties to public prosecution cases, we can see that the purpose and purpose of the reconciliation of the parties to the public prosecution cases can be summarized as the restoration of social relations and the resolution of social contradictions; Solve difficult cases, improve the efficiency of litigation, protect the rights of victims, promote the victim to return to society. The substantive elements of the reconciliation between the parties to the public prosecution cases include the subject elements, the object elements, the subjective aspects and the objective aspects, while the procedural elements of the reconciliation between the parties to the public prosecution cases mainly include the time elements and the confirmation and effective elements. Through the elaboration of this part, we strive to have a general understanding of the key legal provisions of the reconciliation system of the parties to public prosecution cases, and make clear the scope of the cases applicable to the reconciliation system of the parties to public prosecution cases, and under what conditions can reconciliation be achieved. How the settlement agreement will come into effect, etc. Of course, the settlement of public prosecution cases has not eliminated some puzzles and doubts because of the legislation, such as how compensation affects the penalty, the abuse of power in the reconciliation process, and whether the victim's understanding is out of genuine question. The existence of these problems greatly discounted the effect of penalty application under the settlement system of the litigants of public prosecution. In order to reduce the malpractice in the application of reconciliation between the parties to public prosecution cases, it is necessary to think about the establishment of the state compensation system for criminal victims to reduce the interference of economic factors on the voluntary reconciliation of victims, to diversify the ways of reconciliation, to correctly grasp the influence of compensation on sentencing; Establish compensation standards, avoid spending money on punishment, improve supervision system, avoid abuse of rights or powers and other measures.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
，
本文编号：2450448
本文链接：https://www.wllwen.com/falvlunwen/susongfa/2450448.html
