An Empirical Study On Criminal Reconciliation In Investigation Stage

The development of China's criminal reconciliation system is a process which starts from practice and then is supplemented by theory.In 2012,the criminal reconciliation system gained its legal status in legislation.At the same time,the question that has been controversial for a long time--whether the public security organ can apply the criminal reconciliation system in the investigation stage has also been answered,which not only provides legal support for the public security organ to handle criminal reconciliation cases,but also strengthens the procedural guarantee.After the establishment of the system,new problems will be exposed in the process of friction with practice,but with the advance of time,the theoretical and practical circles gradually reduce the attention to investigation and reconciliation.At the same time,the criminal reconciliation system is closely related to the lenient punishment system.The former,as a link in the operation of the latter,is of great significance to the development of the latter.Based on this,combined with the background of the current lenient punishment system for guilty plea,this paper analyzes and investigates the legislative status quo and judicial practice of criminal reconciliation in the investigation stage,hoping to put forward some valuable Suggestions for the better application of criminal reconciliation in the investigation stage.In addition to the introduction,conclusion,references and acknowledgements,this paper has four parts.The first part from the connotation,characteristics,value,legal analysis of four aspects of the criminal investigation phase of reconciliation.First of all,criminal reconciliation is different from mediation and private,this article is in the "criminal procedure law" 277 limited within the scope of reconciliation,that is,on the premise of reconciliation in a narrow sense.Secondly,starting from the particularity of the function of public security organs,the particularity of investigation power and the particularity of investigation stage,this paper analyzes the difference between the application of criminal reconciliation in investigation stage and the examination andprosecution stage and trial stage.It once again illustrates the advantages of criminal reconciliation in the investigation stage,which is conducive to the faster restoration of social order and the improvement of judicial efficiency.Finally,according to the legislative text,the content of criminal reconciliation in the investigation stage is analyzed.First introduced the exploration into legislation before the criminal reconciliation system,and then analyzes the criminal procedure law and the program rules for the criminal cases handled by the public security organs of criminal reconciliation system,the relevant provisions of the pointed out that the progress of the legislation is to safeguard the rights and interests of the victim,shortcoming legal provision is too principle,such as "civil disputes that are ambiguous."In the second part,the investigation and reconciliation in district H of S city are carefully summarized and sorted out.The application rate,the scope,the procedure,the treatment and the participation of lawyers of the public security organs in this area are illustrated.It is found that the settlement application rate is low and the settlement cases are concentrated.In the cases of minor injury and traffic accident,the settlement method is mainly to compensate for the loss and make an apology.Generally,the public security organs will not take the initiative to participate in the settlement cases.For the cases that have reached the settlement,they can decide to withdraw the case by themselves,offer lenient Suggestions to the procuratorial organs,or do not file the case.The third part,based on the actual investigation,analyzes the problems and causes in the reconciliation of the public security organs in H district.The existing problems mainly include the low application rate of reconciliation,the expansion of the scope of reconciliation,the random initiation procedure of reconciliation,the unclear role of case handling personnel,the absence of evidence for the withdrawal of reconciliation and the insufficient participation of lawyers.Then from the perspective of system,performance appraisal and concept,the author analyzes the reasons for the above problems in the investigation and reconciliation.The fourth part in view of the problems existed in the confession forfeit from system puts forward Suggestions on perfecting the investigation reconciliation: one isto improve the criminal settlement law,specific include the following aspects:adjusting the applicable scope of the criminal reconciliation case and improve the criminal reconciliation initiator,reasonable to determine the role of the public security organ,endowed with the power of the public security organ shall cancel;Second,it is necessary to improve the supporting measures of criminal reconciliation,including:strengthening the internal and external supervision of criminal reconciliation from the four aspects of public security organs,procuratorial organs,lawyers and parties,improving the case evaluation system,and changing the law enforcement concept of investigators on the case of reconciliation.