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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。
At present, the research on criminal reconciliation mainly focuses on the stage of prosecution and trial and the stage of trial, while paying little attention to the criminal reconciliation in the investigation stage. The right of investigation and resolution should be given. The guiding ideology applicable to criminal reconciliation during the investigation stage should be the balance between social effects and legal effects. Reconnaissance reconciliation should comply with the principle of reconciliation voluntarily, the basic facts are clear, the principle of reconciliation as the Lord complements his reconciliation, the reconciliation after the supervision and other principles.