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公安机关刑事执法的核心就是刑事案件的侦查,在侦查阶段能否适用刑事和解制度一直存在着较大争议,反对者认为刑事和解在侦查阶段没有存在的法律空间,与公安机关的法定职权不符,并容易导致公安机关权力滥用。但侦查阶段适用刑事和解有利于及时化解社会矛盾,并有其自身的优势,更是构建和谐社会的要求。法律上的障碍可以通过立法来解决。目前侦查阶段刑事和解的案件适用范围主要是侵犯个人人身和财产法益的犯罪、犯罪人主观恶性较小的轻罪案件,以后可以扩展到严重的刑事犯罪。公安机关适用刑事和解不能忽视调查取证,应注意对话基础上赔偿协议的达成,同时也要改变和完善目前的执法考核指标体系。
The core of criminal law enforcement in public security organs is the investigation of criminal cases. There is always controversy over whether criminal reconciliation system can be applied during the investigation stage. Opponents argue that the legal space where criminal reconciliation does not exist during the investigation stage is not in accordance with the statutory authority of public security organs, And easily lead to abuse of power by public security organs. However, the application of criminal reconciliation during the investigation stage is conducive to promptly resolving social conflicts and has its own advantages. It is also a requirement for building a harmonious society. Legal obstacles can be solved by legislation. At present, the applicable scope of the criminal reconciliation cases in the investigation stage is mainly the crime of encroaching upon the legal rights and interests of individuals and property, and the criminal cases have less serious subjective crimes and can be extended to serious criminal offenses in the future. The application of criminal reconciliation by public security organs can not ignore the investigation and evidence collection. Attention should be paid to the conclusion of the compensation agreement on the basis of dialogue, meanwhile, the current index system of law enforcement assessment also needs to be changed and perfected.