审查逮捕阶段实行刑事和解制度刍议

A Brief Study on Criminal Composition during Phase of Examination of Arrest

在审查逮捕阶段实行刑事和解十分必要。但在审查逮捕阶段实行刑事和解必须严格限定案件范围。目前的刑事和解缺乏法律的规定,矛盾较为突出,且易导致权力的滥用,应修改刑事立法,加快刑事和解的立法进程,引入人民调解委员作为调停人参与刑事和解案件,强化内部监督制约机制,防止检察权的滥用。

Criminal composition during the phase of examination of the arrest is propitious to prevent dangerous cross influences among the suspects, benefit the fights protection of the parties concerned, and promote social harmony, while the applicable cases should be strictly confined with limit. At present, legal provisions of the criminal composition are still absent, which most likely results in the abuse of power;therefore, the criminal procedure law should be amended to prescribe the criminal composition, introduce the people＇s mediator into the criminal composition, enhance the interior restriction mechanism, and prevent the procuratorial power from being abuse.