Empirical Study Research On Criminal Reconciliation Cases Handled By Public Security Organs

Criminal reconciliation system is one measure of the criminal judicial reforms inmodern society which could contribute to the judicial justice. However, theapplication of this system in our judicial practice meets some obstacles due to therestrictions of our judicial notions and relative institutions. In this dissertation, theauthor comes up with several ideas for the improvement about criminal reconciliationsystem in investigation phase by analyzing the practice of the public security organsin city C in recent three years empirically.In the first part of this dissertation, the author makes a introduction of the basiccircumstances about the application of criminal reconciliation system in investigationphase of the practice of the public security organs in city C in five aspects. Firstly, letus focus on the case number and type of the application of criminal reconciliationsystem. Although the application of criminal reconciliation system is increasingyearly, the amount and type are inadequate on the whole. Secondly, when we turn tothe treatment of criminal reconciliation system, we can figure out that the publicsecurity organs in city C has no ultimate power. Thirdly, the public security organs incity C adheres to some particular trial precedures. Furthermore, the economiccompensation and apology are the main forms of the fulfillment of criminalreconciliation system and they are fulfilled well. Lastly, compared with other types ofcases, they save much.The next part of this dissertation tells the effects of this system in the publicsecurity organs in city C. If properly performed, criminal reconciliation system couldachieve both the legal effects and social effects. It can comfort the victim byeconomic compensation and formal apology. Furthermore, criminal reconciliationsystem can decrease the possibility of re-committing a crime of the offender and canconclude a lawsuit quickly so that it promotes the profits of the victim. Besides, itcould save judicial resources by extracting those cases. Also, criminal reconciliation system could resolve the social conflicts, remake the damaged relations and enhancethe social harmony.In the third part, the author discuss the problems existing in the public securityorgans in city C in investigation phase. Firstly, the scopes of case which criminalreconciliation system can apply to is inexplicit because of the inadequacy oflegislature. Secondly, the function of the public security organs is poor so they have arelative negative attitude. Thirdly, when we turn our attention to the unfaircompensation and the single, we can conclude that the protection of the victim isinadequate. In addition, criminal reconciliation system can not guarantee the heartyapology and community corrections is lack so that law can not educate and punish theoffender. Moreover, there is no normative treatment. Lastly, the supervision is short.So, the author comes up with some measures corresponding with those problemsin order to enhance the effect of the application of criminal reconciliation system.Firstly, on the basis of the current laws and regulations and the judicial facts, we aresupposed to make a explicit scope for criminal reconciliation system. Moreover, weshould enhance the function of the public security organs and improve relativesystems. Furthermore, we should set up the system of country’s compensation forcriminal injured party and explore the settlement way of criminal reconciliationsystem. Besides, in order to educate and punish the offender, we should establishsome institutions, such as community correction.Fourthly, we should improve thetreatment way of the public security organs. Lastly, we should establish the internalsupervision and the procurator supervision system.In a word, the practice of the criminal reconciliation system suggests that it hassome legal effects and social effects. However, it still need many conditions to makeitself more and more perfect. We are supposed to improve our legal system, changeour judicial notions, improve the relative institutions, promote the development ofcriminal reconciliation system in order that we can build the society with rule of lawwhich has particular Chinese characters.