刑事和解是基层司法机关自下而上发起的一场司法改革尝试,近年来成为我国刑事司法领域受到各方普遍关注的热点问题。刑事和解作为一种恢复性司法的重要手段,近年来受到人们的广泛关注,在构建社会主义和谐社会的大背景下,理论界和司法界更是对其表现出极大热情。很多地方的司法机关已经开始进行摸索尝试,正在观察其社会和法律效果。刑事和解作为刑罚处罚的一种方式,在刑法中无明文规定,也无相关司法解释,一些地方试点更多地是根据刑事政策或地方部门规范性文件,在司法实践中的适用亟待得到完善。然而,刑事和解是突破传统的产物,有很多根本性的理论难题需要解决,各地的司法实践也规格不一,比较混乱。本文就此问题进行一些阐述。 Criminal reconciliation is a judicial reform attempt launched by the grassroots judicial organs from the bottom up. In recent years, criminal reconciliation has become a hot issue that has been commonly noticed by all parties in the field of criminal justice in our country. As an important means of restorative justice, criminal reconciliation has drawn wide attention in recent years. Under the background of building a socialist harmonious society, the theoretical and judicial circles have shown great enthusiasm for it. The judiciary in many places has begun to experiment with groping and is observing its social and legal effects. Criminal reconciliation, as a way of punishment, has no express provisions in the criminal law and no relevant judicial interpretation. Some local pilots are more based on criminal policies or normative documents of local departments and their application in judicial practice needs to be improved urgently. However, criminal reconciliation is a product of breaking the tradition and there are many fundamental theoretical problems to be solved. Judicial practice in different places also varies in size and confusion. This article on some of the issues described.