刑事和解是以契约为载体,通过加害人和被害人之间的合意来解决刑事纠纷的活动。试图分析刑事和解传统理论与契约的关系以及我国契约观念背景和契约理论,从而以契约为机理构建我国刑事和解机制。 Criminal reconciliation is a contract-based carrier that resolves criminal disputes through the agreement between the perpetrators and the victims. Trying to analyze the relationship between the traditional theory of criminal reconciliation and contract and the concept background and contract of our contract, so as to construct the mechanism of our country’s criminal reconciliation through contract.