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以恢复性司法为代表的新型犯罪处理模式,日益受到我国刑事司法领域的关注及重视。警察对前期情况熟悉,最有条件对能否和解做出较为客观的分析判断;警察对案件涉及的相关利害关系最为了解,有利于创造机会联系沟通;警察对在协商过程中侵害人的道歉悔过是否出自内心真意,有着较为客观的认知,由警察机关在侦查阶段引导当事双方选择恢复性程序解决刑事诉讼问题,有利于当事人之间矛盾的化解。警察机关根据刑事诉讼的具体情况,应采用不同的恢复性司法应用模式。为维护恢复性司法中警察机关的客观中立性,必须建立起与恢复性司法配套的警察权滥用救济机制。
The new criminal handling model, represented by restorative justice, is increasingly receiving the attention and attention of the criminal justice field in our country. The police are familiar with the previous situation and are most likely to make a more objective analysis and judgment on whether or not the settlement can be settled. The police are most aware of the relevant interests involved in the case and are conducive to creating opportunities for communication and communication. The police regret the apology of violating people in the negotiation process Whether it comes from the true meaning of the heart, with a more objective understanding, the police department in the investigation stage to guide the parties to choose restorative procedures to solve the problem of criminal proceedings, is conducive to resolve the contradictions between the parties. Depending on the specific circumstances of criminal proceedings, police agencies should adopt different modes of restorative justice application. In order to maintain the objective neutrality of police organs in restorative justice, it is necessary to establish an abuse of aid mechanism for police powers that is compatible with restorative justice.