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20世纪70年代以来,随着人权思想的广泛传播与发展,以及罪刑法定原则与罪刑相当原则从绝对到相对的理论转变,刑事和解制度应运而生并逐步得到大家的认可。虽然在实践过程中还存在着不少问题,但作为一种新的理念,刑事和解逐渐受到人们的广泛关注。本文试运用经济分析和推理比较等方法,从人权保障、诉讼效益等诸多方面,对刑事和解制度进行价值分析。
Since the 1970s, with the widespread dissemination and development of human rights ideology and the legal principles of crime and penalty and the principle of crime and punishment from absolute to relative theory, the criminal reconciliation system came into being and gradually gained everyone’s approval. Although there are still many problems in the process of practice, as a new concept, criminal reconciliation has been paid more and more attention by people. This article tries to use economic analysis and reasoning comparison and other methods to analyze the value of criminal reconciliation system from many aspects such as human rights protection and litigation benefits.