The Research Of The Criminal Reconciliation In The Investigation Procedure

At the background of the advocacy of Restorative Justice by the international community, Criminal Reconciliation, the judicial system that is democratic and humanism, adjust to the situation and obtain sufficient attention and application in many countries. In China, although there are no clear regulations about criminal reconciliation, the specific practice has started in various places. And it is precisely because there is no specific provision of the law, every region is vastly different. In terms of the stage of the proceedings to be applicable, it is common to agree to apply the criminal reconciliation in the stages of review and trial. However, whether apply it to the investigation procedure or not, it is different in various places. In academia, it is also a heated debate.This context is mainly to discuss the application of criminal reconciliation in the criminal investigation procedure. We put forward a set of necessities of bringing the criminal reconciliation into the criminal investigation procedure on the basis of the comprehensive understanding of the current situation of the world and some problems produced in China. And we fully acknowledge the great role of this system in maintaining social stability. At the same time, I conducted a deep analysis of its application currently and proposed lots of strategies to those problems. Therefore, I put forward some specific recommendations and ideas about its construction to try my best to the development of the criminal reconciliation.Part one:The outline of the criminal reconciliation in the investigation procedure. Firstly, I make a profound interpretation of the criminal reconciliation in the investigation procedure. And then, I made an analysis of the purse of the instruction of the criminal reconciliation in the investigation procedure. At last, I explained the significance of the criminal reconciliation in the investigation procedure.Part two:The theory and the practice of the criminal reconciliation in foreign countries. Western countries have a complete design of the system of the criminal reconciliation. By analyzing the theory and the practice of the civil law and common law, I expected to summarize some experiences to for us to refer to. Part three:The status and existing problems of the criminal reconciliation in the investigation procedure. First of all, I thoroughly analyzed the legislative and judicial status of applicable criminal reconciliation in the investigation procedure in our country. On this basis, I summed up the existing problems in applicable criminal reconciliation, such as without legal basis and conflict with principle of investigation. This problems will be solved in the future.Part four:The concrete ideas of applying the criminal reconciliation. It was so significant to introduce the system into the investigation procedure that we must construct it urgently and feasibly. Therefore, we should implement the system actively and fully. I made some specific plans and ideas to achieve the purpose of bringing in the system, such as the legislation, the applicable principles, the applicable scope of the case, the conditions, the subject, the procedures, the effectiveness of the settlement agreement and the supporting system, and so on.