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The Study Of The Criminal Reconciliation In The Criminal Investigation Stage

Posted on:2016-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2336330503964441Subject:Law
Abstract/Summary:PDF Full Text Request
Under the background of building a harmonious society, the judiciary begins to implement the lenient and severe criminal justice policy. The public security organs, as the first part of the criminal procedure, implement the criminal reconciliation system, which could protect the interests of the parties and maintain the social harmony and social stability. The practice of the criminal settlement of the public security organs has laid a solid foundation and provided an important practical reference for the construction of the criminal reconciliation system. The new "Criminal Procedure Law", revised by National People's Congress in 2012, has made the relevant provisions of the criminal reconciliation in the investigation stage.The application of criminal reconciliation in public security investigation stage not only has the cultural basis, theoretical basis, legal basis, etc, but also has an important effect on the reduction of judicial expenses, protecting the interests of the parties, reducing disputes and maintaining social stability and so on. Although the criminal reconciliation in our country have been carried out for the years of exploration, there are still some problems in the implementation, especially in the investigation stage for public security organs, such as the narrow scope of the case, the imperfect supervision mechanism and the concern of ransom money. All of these problems restrict the criminal reconciliation in the application of public security in the investigation stage. In order to play a role in the criminal reconciliation, we suggest that our country should further standardize the conditions and scope of the criminal settlement, establish and improve the internal and external supervision mechanism of the public security organs and establish a follow-up mechanism. Through further improvement, the criminal reconciliation must become a highly effective and comprehensive content in our country's legal system.This paper deeply studies the application of criminal reconciliation in public security investigation stage. Firstly, it summarizes and evaluates the connotation of the criminal reconciliation, the human value, the social value, the judicial value, and the development of the criminal reconciliation at home and abroad. Secondly, it summarizes the meaning of the criminal reconciliation in the criminal investigation stage, the application of the foundation and the effective role of the criminal settlement. It points out that the application of criminal reconciliation in the criminal investigation stage is imperative under the situation. Finally, it analyzes the irregularities and the existing problems in the process of the application of criminal reconciliation and the most important thing is that it puts forward the corresponding solutions to improve countermeasures.
Keywords/Search Tags:criminal reconciliation, The public security organs, investigation stage, conciliation proceedings
PDF Full Text Request
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