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刑事和解制度自设立以来发挥了积极的作用,但是在司法实践中也发现了诸多不足,主要表现在:适用条件规定较为原则,法律效力规定的过于模糊,民事赔偿没有统一的标准。对此,文章认为,应该从完善刑事和解制度的适用条件,明确刑事和解制度的法律效力,规范刑事和解民事赔偿的标准三个方面着手,完善现行的刑事和解制度。
The system of criminal reconciliation has played a positive role since its establishment, but many deficiencies have also been found in the judicial practice. The main features of the criminal reconciliation system are as follows: the applicable conditions are more principle, the legal effect is too vague and the civil compensation has no uniform standard. In this regard, the article believes that we should improve the existing system of criminal reconciliation from the following three aspects: perfecting the applicable conditions of the criminal reconciliation system, clarifying the legal validity of the criminal reconciliation system, and standardizing the civil compensation for criminal reconciliation.