GUANG DONG SHANGDA (FU TIAN) LAW FIRM
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Compounding

Add Date:2015/7/1 Hits:1678 Font Size:S M L BACK
In our country, especially in rural areas due to the cultural qualities and litigation costs of people, "Compounding" is quite common. The so-called "Compounding" by definition is not subject to judicial proceedings in private understanding. Because of procedural justice has, there are some parties in order to save the cost of litigation, to circumvent the law, the pursuit of efficiency to select "Compounding" to resolve disputes, especially the case of some right to health, sometimes circumstances "Compounding" and then go back on How this should be dealt with, I talk about my own views on this point.

Such disputes are often the right to health will indemnify the injured party convention against economic losses (mostly greater than the actual amount of compensation for loss), the injured party against the party not be held criminally responsible. How the effectiveness of such agreements shall be determined compounding it? In this regard, there are different views. Some people think that such an agreement is valid, the main reason is that the "Compounding" agreement is the result of party autonomy, was signed by the parties voluntarily, does not violate the mandatory provisions of the law. Others believe that such an agreement is not valid, such an agreement is a violation of people in order to avoid criminal responsibility and signed belong to legitimate acts conceal illegitimate purposes.

I believe that for such "Compounding" agreement should analyze specific issues. If the victim suffered minor injuries is less, does not constitute a criminal offense, then the agreement is valid. If the victim suffered minor injuries and minor injuries are more, then such "Compounding" protocol should be part of the active portion invalid. On civil compensation are effective, the agreement is agreed by the parties, reflecting party autonomy, there is no violation of the mandatory provisions of the law, the law does not need to be too much interference. To exempt the infringer's criminal responsibility part is invalid, criminal law is public law, infringement of legal interests of intentional injury is not a single, not only against the legal interests of its body weight, the right to health of the victim, but also violated the country's public administration order, thus obtaining only the understanding of the victim does not exempt its criminal illegality. Whether to pursue criminal responsibility against the people nor the victim is able to control, nor to the victim's will and, therefore, exempt from criminal responsibility on the part of the terms is moot, the agreement is invalid.

The key to deal with such cases is to determine the two sides signed the "compounding" the legal effect of the agreement, that is to determine the effect of the inner meaning of the original defendant, the two sides signed the agreement. Therefore, the signing of "Compounding" agreement to be careful.
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