Research On The Operation Mode Of Criminal Reconciliation System During The Investigation Stage

Since the gradual implementation of the policy of leniency and severity,the criminal reconciliation system,as a concrete implementation of the policy in the field of criminal litigation,has been widely applied,and China also established a special procedure in the Criminal Procedure Law as early as 2012 for the parties to reconcile the proceedings of public prosecution cases,allowing the aggrieved and the victim to reach criminal reconciliation in specific cases.However,the criminal settlement system has been operating so far,but there are still problems and shortcomings in many aspects.Although the Criminal Procedure Law provides that the criminal settlement system can be applied to the whole process of criminal proceedings,but in practice is still led by the procuratorate.The author believes that criminal reconciliation can be applied in the investigation stage,and has its own special legitimacy and importance.Therefore,this paper intends to limit the study of the criminal settlement system to the investigation stage,find out what problems may exist in the operation of the criminal settlement system at the investigation stage,and put forward reasonable improvement plans for these problems,so as to give full play to the role of the criminal settlement system and thus add to the construction of socialist rule of law in China.This paper mainly includes the following four chapters.The first chapter starts from the basic theory of criminal reconciliation system,and understanding the theoretical connotation is the first prerequisite for the study of a system.Therefore,this paper will start from the concept of criminal reconciliation system and analyze criminal reconciliation with similar concepts,so as to introduce the specific connotation of criminal reconciliation system in the investigation stage and further analyze the justification and significance of applying criminal reconciliation in the investigation stage.The second chapter analyzes the current situation and problems of the application of criminal settlement system at the investigation stage in China.Through the analysis of the previous part,we can know that the application of criminal settlement system in the investigation stage is very legitimate and necessary.However,there are some practical problems in the exploration and attempt of applying criminal reconciliation in China for a long time,such as imperfect legislation,irregular application procedures,incomplete protection of the rights and interests of the parties,and inadequate supervision of the abuse of power.By analyzing the current situation and problems,it is believed that it will help to explore and improve the operation mode of criminal reconciliation system in the investigation stage.Chapter 3 focuses on the operation of the criminal reconciliation system in foreign countries.Compared with the practice of criminal reconciliation in China,which started in the 1990 s,the criminal reconciliation system in Germany,Japan,the United Kingdom and the United States has already formed a relatively complete legal system and has a rich judicial practice.This paper will examine the above-mentioned countries,and based on this,put forward the reference and thinking with China’s specific situation.Chapter 4 proposes a specific improvement plan for the application of criminal reconciliation system in the investigation stage.Firstly,it is clarified that the application of criminal reconciliation system at the investigation stage should follow the principles of voluntariness,legality,efficiency and fairness,and secondly,in view of the problems existing in the above-mentioned operation process,it is suggested to further improve the scope of application,application procedures,supervision of the parties’ rights relief and power abuse,as well as the interface with other related systems.Based on the above analysis and consideration,this paper attempts to explore the further improvement of the operation mode of the criminal reconciliation system at the investigation stage in China,and strives to contribute to the continuous development of the criminal reconciliation system in China.