starting from July this year, Zhengzhou, Henan Province People's Procuratorate of Xinmi began the trial of such compensation deposit system. According to reports, since in the trial of 1 month, the use of the system, the new Secret City People's Procuratorate has has successfully settled the three cases.
in order to prevent the abuse of power, the new Secret City People's Procuratorate also provided for the system to implement strict conditions and corresponding measures. According to reports, the hospital system provide for compensation for deposits is mainly applied to intentional injuries (minor injury) case, the general criminal negligence cases, minors and first offenders and Oufan in the case of students,
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minor criminal offenses, the suspects often willing to compensate, but a far cry from the victim's asking price, so long the two sides fail to reach settlement agreements, thus a At this time, the suspect paid full compensation to the public security organs deposit, prosecutors can not arrest.
these controversies aroused the concern of Henan Provincial People's Procuratorate. August 11,
mbt changa birch, Henan Province People's Procuratorate held in the new city on the compensation experts will deposit system.
should all support.
challenged the system in the general population, while the internal justice system personnel also expressed concern. Huangshi City, Hubei worked for the public security system has just issued a document known as a director of public security organs, whether it is big and small case should be treated equally, why the case to the Procuratorate, the Procuratorate to the size of the case can be based on discretion? (ROCKETS Liang Bin)
This shows that we have a large number of cases for the arrest mandatory measures are inappropriate.
Procuratorate: Criminal Mediation supplement
there are comments that: Procuratorate aspects of compensation in the introduction to establish the original intention when the deposit system, the use of the as 'wild speculation', and the perpetrators is to provide reasonable compensation? Since the perpetrators and the victims could not agree on compensation, let the court finds that reasonable compensation to the amount according to the law. Charged in the arrest phase of a hurry 'compensation bonds', it is redundant. breeding is likely to trade power for money.
press to rough statistics, there are ten thousand articles on the network thread on the practice of the hospital sent a different voice. Opponents mainly concerned in the implementation of the system of compensation margin, whether the suspect will lead to ?
40% to 60% of the victim to the suspect's detention as a bargaining chip in negotiations for compensation put forward various unreasonable demands,
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Zhengzhou Municipal People's Procuratorate from the statistical data show that prosecutors in the city's annual Yu Wan for criminal cases, only 30 % of a serious criminal offense, and the remaining 70% belongs may be sentenced to 3 years imprisonment, criminal detention, control or single fine of minor criminal offenses.
In this context, Zhengzhou Municipal People's Procuratorate on minor criminal cases, the decision to implement non-custodial proceedings. One important measure is that since 2007, the hospital began to work in the review of the implementation of the arrest of criminal Reconciliation.
the hospital also provides for compensation in the deposit system, the case of both parties must undertake a full Q & reasoning, so that they understand their rights and obligations of the parties and the system of criminal proceedings and the rights of the parties what impact will be, but must also carry out risk assessment to ensure the implementation of the system will not appear procuratorial petition affecting social stability such as the occurrence of cases.
In fact, in December 2006, adopted by the Supreme People's Procuratorate policy.
Although experts placed on the system a lot of recognition and look forward to, but the community is still controversy after another.
minor criminal suspect If people did not guess as to Pleaded guilty to the prosecution of people to pay the full amount of compensation to be hurt margin, Liu Shuan have regained their freedom.
although many experts and critics something to look forward to this system, but the debate has come and go all walks of life. People worry about
: According to this provision, the compensation can be free from arrest, whether the suspect will lead to exclusive?
Wei Chunxia told reporters that the determination of the amount of margin in terms of compensation, the hospital investigated the Court's decision nearly three years, compensation cases, new city economic development conditions and the general public's ability to pay, with its slightly sentenced to the maximum amount above, and in most people's ability to pay to be within the scope of the principle of identification, such as light injury cases for the 30,000 to 50,000 yuan.
controversy: how to ensure that no abuse is the key
the hospital also provides basic facts of these cases require clear,
red air jordan, basic there is ample evidence, the suspect voluntarily pleaded guilty, can basically determine the amount of compensation, criminal suspects and their families are willing to pay a compensation deposit, the suspect There is no statutory aggravating circumstances were.
demonstration session, Zhengzhou University Law School criminal law professor Lu Songyue pointed out that the deposit system is to protect the compensation the legitimate rights and interests. Zhengzhou University School of Law Professor of Law, Wang Chang-Shui lawsuit questioned whether the concept of rule of law in accordance with the law is the problem, not dogma from the law based on the find. Smaller of Henan University Professor of Economics and Law that the deposit system of compensation both theoretical foundation and practical basis, in line with temper justice with mercy in the criminal justice policy is based on the extension of the mediation is conducive to repair damaged social relations.
this one, immediately aroused heated debate.
the evening of June 3 this year, working in a stall there and Zhu Liu bolt to seize the night market in furniture placement due to a dispute, and Zhu head injured. Identified, Zhu's injuries constituted minor injuries. Subsequently, the public security authorities on suspicion of intentional assault Detention Liu bolt has to draw the arrest Procuratorate. Procuratorate that Liu had committed a minor crime bolt, once arrested in prison, their families will suffer, giving rise to new, more complex social contradictions, then presided over the parties take the criminal settlement procedures. Under the auspices of the Prosecutor, the two sides signed a preliminary settlement agreement,
air max 360, agreed that the compensation Zhu Liu bolt after the loss of 3 million did not hold both sides. Unexpectedly, at the time of payment, Zhu turn the amount of compensation to 4 million. Therefore, the two sides at loggerheads over.
Call the new city reporter repeated the competent leadership of the People's Procuratorate phone, are turned off.
unable to reach a final settlement agreement in the case, prosecutors have asked Liu tied compensation to the families to pay the deposit after the public security organ, made the decision not to arrest. Also seek the views of the public security organs, after the two sides withdrew the case.
Liu bolt has implemented measures to close Municipal People's Procuratorate is the new trial is exploring the compensation deposit system. According to hospital personnel related to the prosecution in the case of approval of arrest during a minor criminal cases, the suspect, the compensation capacity, the compensation will, but because of the unreasonable demands of the victims or their families, resulting in failure to reach a conciliation agreement, the criminal suspects to prosecutors indicating its ability to provide compensation, the compensation will pay to the public security authorities after a certain amount of compensation deposit, the prosecution made its decision not to approve the arrest, and for bail, under house and other enforcement measures.