The Reconstructive Approach to the Voluntary Review Rules of Public Prosecution Cases
Voluntariness is the basis and prerequisite for the application of the criminal settlement system.Currently,in the practice of reviewing the voluntariness of criminal settlement,there are problems such as ambi-guity in the content of the review,superficiality in the review method,lack of clarity in the legal nature of the settlement agreement,and insufficient participation of lawyers.In order to establish a model for reviewing the voluntariness of criminal settlements,it is necessary to adhere to the position of giving priority to fairness while taking into account efficiency;to clarify the legal attributes of criminal settlement agreements,which are both public law contracts and documents;and to establish a mechanism for reviewing the voluntariness of criminal set-tlements,based on the principle of formality and supplemented by substances.
voluntariness of settlementreview mechanismevidence contractdue processcorroboration of evidence
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