In the case of public prosecution，the settlement agreement has binding force upon the public security organs． The agreement contents and liability for breach of contract are beyond the range of ordinary civil agreement． Agreement effectiveness expansion has its own theoretical basis，cultural origin and practical foundation，which can help achieve justice and effectiveness． However，it can also be abused by the injuring party to replace crime and penalty with money，abused by the victim to blackmail money with crime and penalty，abused by the prosecutor to corrupt in the name of“settlement”and abused by the judge to reach an arbitrary decision in the name of “settlement”． To prevent the above risks，settlement agreement should be improved as follows: to clarify settlement agreement as a conditional civil agreement; to make settlement agreement one of the foundations for sentencing and not prosecuting; non-fault party has right to claim compensation
against fault party or return any gain from the agreement
，
when the agreement is void
;
the representation made
in the course of settlement can be regarded as a special way of civil confession and can be applied to simply civil procedure．
