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刑事和解作为一种新型的刑事纠纷解决模式,在国外兴起不久,在我国也仅处在探索尝试阶段。其融合了刑事实体法和程序法的优点,在尊重被害人,促使加害人认罪悔罪、改过自新等方面显示出优势,同时,在实现刑法价值和与既有刑事法基本理论和谐和协调上也具有不可忽视的现实意义。在刑事和解情况下,增加被害人作为刑事法律关系中的一极,是对传统刑事法律关系的完善,不会与现行的国家本位主义价值观直接产生对立与冲突。当前,借鉴、引进刑事和解制度,构建中国特色的刑事和解制度,服务建设社会主义和谐社会的伟大实践,顺天应时。
As a new type of criminal dispute resolution model, criminal reconciliation is not long before abroad, and it is only in the exploratory stage in our country. It incorporates the merits of criminal substantive law and procedural law and shows its advantages in respecting the victim, urging the perpetrator to confess his sins, repentance, and rehabilitating himself. At the same time, he also shows his superiority in the realization of the value of the criminal law and the harmony and coordination with the basic theory of the existing criminal law Have can not ignore the practical significance. Under the circumstances of criminal reconciliation, increasing the victim as one of the most important criminal legal relations is to perfect the traditional criminal law relationship and not to directly confront and conflict with the current national-unitarian values. At present, drawing lessons from and introducing the system of criminal reconciliation, building a criminal reconciliation system with Chinese characteristics and serving the great practice of building a harmonious socialist society, we should keep up with the times.