1刑事和解的起源近年来,刑事司法体系中生成了一种新型的司法模式??恢复性司法。虽然目前对恢复性司法(restorative justice)的界定还众说纷纭[1],但从本质上看,其核心在于,通过犯罪人与被害人之间的对话、协商来解决刑事案件。它实行的办法是“在一项具体犯罪中有利害关系的所 1 Origins of Criminal Reconciliation In recent years, a new type of judicial model, restorative justice, has emerged in the criminal justice system. Although the current definition of restorative justice is still widely divergent [1], the essence of it is that it resolves criminal cases through dialogue and negotiation between the perpetrator and the victim. It is practiced by “having a stake in a particular crime.”