侦查和解的适用理念

The Application of Investigation Reconciliation

当下对刑事和解的研究主要集中在审查起诉阶段和审判阶段,对侦查阶段的刑事和解关注不够。应当赋予侦查和解决定权,侦查阶段适用刑事和解指导思想应当是注重社会效果和法律效果平衡。侦查和解应当遵从和解自愿、基本事实清楚、自主和解为主他主和解为辅、和解事后监督等诸原则。

The research on criminal reconciliation at present mainly concentrates on the stage of review and prosecution and the stage of trial, and pays little attention to the stage of investigation. The power of decision should be given to investigation reconciliation, and the guiding ideology of criminal reconciliation should lay emphasis on the balance between social effect and legal effect. Investigation reconciliation should comply with the following prin- ciples such as reconciliation voluntary, basic facts clear, reconciliation decided by oneself first and reconciliation decided by others second and supervision after reconciliation.