Reforming and Perfecting Death Penalty Cases of Incidental Civil Lawsuit Mediation System — Under the Background of Death Penalty Control

Under the background of the unification of the approval right of death penalty into the Supreme People's Court and the application of strictly controlled death penalty,the people's court,in accordance with the law,shall start the mediation work of the death penalty cases of incidental civil lawsuit on civil compensation.The present incidental civil lawsuit mediation system exists only in the trial stage,with the judge of a dominant position and weak mediation agreement binding.Consequently,the death penalty cases incidental civil lawsuit mediation system should be transformed,corresponding court mediation should be extended to the investigation and prosecution stage,a mediation application mechanism should be established,an entrust mediation or assist mediation system should be constructed,and the nature and the range of effect of the mediation agreement in law should be defined.