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从刑罚个别化的视角审视刑事和解制度,应赋予公安机关一定的实体处理权,扩大检察机关的起诉裁量权,并把当事人达成和解规定为法定量刑情节,以扩大刑事和解制度的适用范围和形式。
Examining the system of criminal reconciliation from the perspective of the individual punishment should give the public security organ a certain degree of power to deal with the matter and expand the prosecutorial discretion of the procuratorial organs and stipulate that the parties should reach a settlement of reconciliation as the legal circumstances of the penalty for sentencing so as to expand the scope and form of application of the criminal reconciliation system .